Code of Alabama

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22-50-22
Section 22-50-22 Exemption of superintendent and physician of state mental health facilities
from attending as witnesses. Neither the superintendent nor a physician of a state mental
health facility or hospital shall be compelled to attend as a witness to testify as an expert
in any case or on any question of insanity or psychological medicine in the state; provided,
that he shall certify, in writing, within 10 days after the service of the summons, that his
absence from the facility or hospital, in his best judgment, will interfere with his or her
professional duties and the welfare of the patients under his care. But defendants in criminal
cases and the state by the consent of the defendant and, in civil cases, either party may
take the deposition of the superintendent or of any of the physicians as to all matters involving
his or their expert opinion when such testimony is admissible. (Code 1896, §2571; Code 1907,
§875; Code 1923, §1460; Code 1940, T. 45, §226.)...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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45-2-84.06
Section 45-2-84.06 Application for pretrial release; payment of fees, etc. (a) Any person charged
in Baldwin County for an offense, other than those enumerated in subdivision (5) of Section
45-2-84.02, may request and apply for pretrial release under this part. Employees of the Baldwin
County Community Corrections Center or other persons designated by rules of the Baldwin County
Pretrial Release and Community Corrections Board may investigate, evaluate, and recommend
to a judicial officer the terms of the defendant's pretrial release pursuant to a pretrial
release program developed by the Baldwin County Pretrial Release and Community Corrections
Board. The defendant shall be notified prior to his or her release of all fees or other monies
he or she will be responsible to pay if he or she participates in pretrial release pursuant
to this part. (b) The judicial officer having jurisdiction of the defendant may order, as
a condition of pretrial release pursuant to this part, that in...
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45-2-84.10
Section 45-2-84.10 Payment of portion of earnings; payroll deduction. Any person released from
jail or the custody of the Department of Corrections pursuant to this part or sentenced under
the provisions of this part may be ordered to pay into the Baldwin County Community Corrections
Fund a sum in an amount to be determined by the Baldwin County Pretrial Release and Community
Corrections Board, but not less than an amount equal to 20 percent of his or her gross earnings
earned while released from jail or the custody of the Department of Corrections. The court
having jurisdiction of the case, as a condition to releasing a defendant or granting a suspended
sentence pursuant to the terms of this part, may require that the defendant establish a payroll
deduction for the payment of any sums due pursuant to this part or that the employer pay the
wages of the defendant directly to the Baldwin County Community Corrections Fund. All sums
collected, whether by payroll deduction or otherwise,...
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18-1A-95
Section 18-1A-95 Disposition of preliminary objections; award of litigation expenses to defendant.
(a) If the probate court determines that a preliminary objection is meritorious, the court
shall make an appropriate order including: (1) Dismissal of the action, in whole or in part,
if the plaintiff is not authorized to take the property, or some part thereof, or the acts
or omissions constituting the basis for the objection will necessarily inflict irreparable
injury upon the defendant; (2) Conditional dismissal, in whole or in part, unless, within
a specified period, the plaintiff takes corrective or remedial action prescribed in the order,
including, if appropriate, the adoption of a new or amended condemnation authorization; or
(3) Any other disposition required by the circumstances. (b) In addition to other requirements
of an order sustaining a preliminary objection or determining that the failure or omission
constituting the basis of the objection was reasonably excusable, the...
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22-21-11
Section 22-21-11 Mandatory reporting of any injury resulting from gunshot; liability. (a) Any
physician, nurse, or employee thereof or agent of the same and any employee or agent of a
hospital, mental health facility, clinic, or nursing home knowingly treating a person suffering
from a gunshot wound, or receiving a request for treatment, shall report the injury to a law
enforcement officer. A report to either the applicable county sheriff or applicable municipal
law enforcement officer shall satisfy any and all reporting requirements imposed by this section.
A report shall be made as soon as possible, but no later than the time of the victim's release
from that facility. No report is necessary if law enforcement is present. (b) Any person or
persons who, in good faith, makes a report or causes a report to be made to the appropriate
law enforcement authority pursuant to subsection (a) or participates in any judicial proceeding
or any other proceeding resulting from the report shall be...
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22-52-10.10
Section 22-52-10.10 Renewal of outpatient commitment order. (a) A petition for renewal of an
outpatient commitment order may be filed by the director of a designated mental health facility
or his or her designee at least 30 days prior to the expiration of the current commitment
order. The petition, together with a copy of the original commitment order and copies of any
subsequent renewal commitment orders, shall be filed with the probate court of the county
where the commitment was originally ordered. The petition shall explain in detail why renewal
of the order is being requested and shall include testimony affirming the facility's belief
that the respondent meets the requirements for renewal pursuant to Section 22-52-10.2. (b)
The judge of probate shall conduct a hearing, within 30 days after the date of petition, to
consider the petition for renewal of the commitment order. (c) Adequate written notice shall
be provided to the respondent prior to the hearing. (d) The hearing shall be...
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22-52-32
Section 22-52-32 Proceedings where persons accused of crimes and committed to custody of Department
of Mental Health found competent to stand trial or charges nolle prossed or dismissed. Where
the superintendent of Bryce or Searcy Hospital or any other facility so designated by the
commissioner, after evaluation by appropriate members of the medical staffs of said facilities
as so designated by the superintendent, has determined that any person accused of a crime
and committed to the custody of the department in one of its facilities is competent to stand
trial, or where the superintendent has been notified in writing by the committing court that
charges have been nolle prossed or otherwise dismissed against any person currently confined
to the custody of such facility, it shall be the duty of the superintendent to immediately
notify in writing the court from which the person was committed. The court shall forthwith
order the sheriff to remove the person from said facility back to the...
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29-2-120
Section 29-2-120 Legislative findings. The Legislature hereby finds as follows: The Legislature
has the constitutional duty to appropriate and safeguard taxpayers' money; the Legislature
has recognized the need for community services programs; and the Legislature has recognized
the purposes for which Alabama community services grants may be made in Section 41-24-3, specifically
as follows: (1) To enhance the education of the citizenry through activities, expenditures
for capital improvements or equipment, that promote literacy, learning, arts appreciation,
public health and mental health. (2) To promote activities that provide human and social services
which reduce the hardships of old age, poor health or poverty. (3) To promote the marketability,
yield or quality of Alabama-produced agricultural commodities. (4) To promote the preservation,
restoration, development and propagation of Alabama's natural resources, recreational facilities,
environment, history, culture, transportation...
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41-23-50
Section 41-23-50 Creation of economic development revolving loan funds; regional planning and
development commissions to disburse moneys; administration; use of funds; interest and costs.
There is hereby appropriated from the State General Fund to the Alabama Department of Economic
and Community Affairs for the 1990-91 fiscal year the sum of $500,000 to be used to create
and establish throughout this state several economic development revolving loan funds from
which the several existing regional planning and development commissions, as defined in Articles
4 and 5 of Chapter 85 of Title 11, may disperse moneys, from time to time, to finance local
economic development projects. These funds shall be distributed by the Department of Economic
and Community Affairs to qualifying regional planning commissions for disbursement. The Department
of Economic and Community Affairs shall establish such policies and procedures as may be deemed
necessary as to insure accountability of funds in...
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