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12-11-10
Section 12-11-10 Transfer of cases - Involuntary juvenile commitment proceedings. Except
as provided in Chapter 15 of this title, involuntary commitment proceedings, primarily cognizable
before the probate courts, may be transferred to the circuit court for adjudication on motion
of a party to the proceeding in probate court, according to rules governing transfer of these
proceedings. Probate court offices shall maintain records of all commitment proceedings. (Acts
1975, No. 1205, p. 2384, §2-107.)...
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22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum
standards for civil commitment; appeals from orders of probate courts as to commitment. (a)
Any civil commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
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12-12-35
Section 12-12-35 Transfer of adoption proceedings to district court from probate court;
maintenance of records of adoption proceedings. (a) Adoption proceedings, primarily cognizable
before the probate court, may be transferred to the district court on motion of a party to
the proceeding in probate court. (b) When adoption proceedings are transferred to the district
court, a copy of the record of such proceedings shall be filed in the probate court, and the
probate court offices shall maintain records of all adoption proceedings within their respective
counties. (Acts 1975, No. 1205, p. 2384, §4-105.)...
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22-52-10.8
Section 22-52-10.8 Order for involuntary commitment for inpatient treatment to be entered
into Criminal Justice Information System and NICS; redaction of order upon removal of limitation
to purchase firearm. (a) When the judge of probate of a county enters an order for the involuntary
commitment of a person pursuant to Section 22-52-10.1, and the order is for a final
commitment for inpatient treatment to the Department of Mental Health or a Veterans' Administration
hospital, or as otherwise provided by law, the judge shall immediately forward the order to
the Alabama Law Enforcement Agency and the order shall be entered in its information systems.
The order shall be forwarded to the Alabama Law Enforcement Agency in the manner as the Alabama
Justice Information Center Commission shall provide. The Alabama Law Enforcement Agency shall
as soon as possible thereafter enter the order in the National Instant Criminal Background
Check System (NICS) and the information shall be entered into...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases
have the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section
15-3-5, the term child also shall include the individual subject to the...
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22-52-34
Section 22-52-34 Proceedings for reevaluation and civil commitment or transfer of certain
persons in custody of Department of Mental Health. (a) Where any person is in the custody
of the Department of Mental Health pursuant to the provisions of Article 4 of this chapter,
the commissioner shall direct the superintendent of Bryce or Searcy Hospital or any other
facility so designated by the commissioner to reevaluate the mental condition of such person
for a determination as to whether or not he or she meets the minimum standards for civil commitment
as defined in Section 22-52-37. Where the sentence for which said person was committed
has expired and where said person meets the minimum standards for involuntary civil commitment,
the commissioner or his designee is hereby authorized to petition the judges of probate of
Tuscaloosa or Mobile Counties or any judge of probate where such facility exists for an order
of civil commitment to the Department of Mental Health. All of the subsequent...
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22-11A-31
Section 22-11A-31 Commitment petition - Rules to apply at hearings. At all hearings
conducted by the probate judge in relation to a petition to commit any person to the custody
of the Alabama Department of Public Health or such other facility as the court may order,
the following rules shall apply: (1) The person sought to be committed shall be present unless,
prior to the hearing, the attorney for such person has filed in writing a waiver of the presence
of such person on the ground that the presence of such person would be dangerous to such person's
health or that such person's conduct could reasonably be expected to prevent the hearing from
being held in an orderly manner, and the probate judge has judicially found and determined
from evidence presented in an adversary hearing that the person proposed to be committed is
so mentally or physically ill as to be incapable of attending such proceedings. Upon such
findings, an order shall be entered approving the waiver. (2) The person...
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22-52-9
Section 22-52-9 Conduct of hearings. At all hearings, including probable cause hearings,
conducted by the probate judge in relation to a petition to involuntarily commit a respondent,
the following rules shall apply: (1) The respondent shall be present unless, prior to the
hearing, the attorney for the respondent has filed in writing a waiver of the presence of
the respondent on the ground that the presence of the respondent would be dangerous to the
respondent's physical or mental health or that the respondent's conduct could reasonably be
expected to prevent the hearing from being held in an orderly manner, and the probate judge
has judicially found and determined from evidence presented in an adversary hearing that the
respondent is so mentally or physically ill as to be incapable of attending such proceedings.
Upon such findings an order shall be entered approving the waiver. (2) The respondent shall
have the right to compel the attendance of any witness who may be located anywhere...
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12-15-215
Section 12-15-215 Disposition of delinquent children or children in need of supervision
generally. (a) If the juvenile court finds on proof beyond a reasonable doubt, based upon
competent, material, and relevant evidence, that a child committed the acts by reason of which
the child is alleged to be delinquent or in need of supervision, it may proceed immediately
to hear evidence as to whether the child is in need of care or rehabilitation and to file
its findings thereon. In the absence of evidence to the contrary, a finding that the child
has committed an act which constitutes a felony is sufficient to sustain a finding that the
child is in need of care or rehabilitation. If the juvenile court finds that the child is
not in need of care or rehabilitation, it shall dismiss the proceedings and discharge the
child from any detention or other temporary care theretofore ordered. If the juvenile court
finds that the child is in need of care or rehabilitation, it may make any of the...
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9-16-74
Section 9-16-74 Surface Mining Commission - Powers. In addition to any other powers
conferred on it by law, the commission shall have the power to do all of the following: (1)
Adopt, amend, suspend, repeal, and enforce reasonably necessary rules and regulations, provided
such rules and regulations shall not be more stringent than those promulgated by federal law,
or rule or regulation, to control surface coal mining operations consistent with this article
including the declaration of public policy and legislative intent contained in Section
9-16-71. Such rules and regulations may be for the state as a whole or may vary from area
to area, as may be appropriate to accomplish the policy and intent of this article and in
order to take into account varying local conditions. (2) Hold public hearings as may be specified
by law relating to any aspect or matter in the administration of this article and, in connection
therewith, administer oaths and compel the attendance of witnesses and the...
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