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15-16-68
Section 15-16-68 Court-imposed conditions for release. The conditions that the court
may impose upon release, if necessary and appropriate, include, the following: (1) That the
defendant take medication as prescribed by doctors in the department or in a regional or community
mental health facility, or by some other doctor whose care the defendant is in; (2) That the
defendant submit to treatment and accept care from a duly authorized outpatient facility such
as a regional or community mental health facility; (3) That the defendant submit to mental
or medical evaluation or testing as prescribed by the department, by a regional or community
mental health facility, or by other appropriate person or facility; (4) That the defendant
submit to periodic or random drug testing designed to ensure that he is taking any prescribed
drugs and avoiding any prescribed drugs including alcohol; (5) That the defendant avoid specified
activities, persons, or places that may be detrimental to his...
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15-16-63
Section 15-16-63 Department must give notice of opinion that defendant is no longer
mentally ill, poses no threat of substantial harm, etc.; inclusion in notice of conditional
release plan. Whenever the department or other facility with custody of a defendant is of
the opinion that the defendant is no longer mentally ill, or that the defendant no longer
poses a real and present threat of substantial harm to himself or to others by being at large,
or no longer poses a real and present threat of substantial harm to himself or to others by
being at large if certain conditions are imposed upon his release, the department or other
facility shall give notice in writing to the court of that opinion. The department or other
facility shall contemporaneously send copies of that notice to: the district attorney; the
regional or community mental health facility which is or may be involved if the defendant
is released; and the defendant, or his guardian, or his attorney. The department may include...
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38-9-6
Section 38-9-6 Protective placement or other protective services. (a) An interested
person may petition the court to order protective placement or other protective services for
an adult in need of protective services. No protective placement or other protective services
may be ordered unless there is a determination by the court that the person is unable to provide
for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional
abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person,
the court of the circuit in which the person resides shall appoint a day, not more than 30
days from the filing of the petition, for the hearing on the petition. If, on the hearing
of a petition, the person is not represented by counsel, the court shall appoint a guardian
ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing
to serve as the trier of facts. (b) Costs of court proceedings under this...
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38-15-4
Section 38-15-4 Registration of certain youth residential institutions or organizations;
staff training plans; rights of children; licensing and inspection of food preparation areas;
access by law enforcement agencies. (a) Commencing on January 1, 2018, the department shall
register any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated
youth residential facility, youth social rehabilitation facility, community treatment facility
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section, whenever children are housed at the facility or location of the program
for a period of more than 24 hours. At a minimum, registered youth residential institution
or organization under this section shall do all of the following: (1) Be...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force.
(a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor
chemical violates this article if the person: (1) Knowingly fails to comply with the reporting
requirements of this article; (2) Knowingly makes a false statement in a report or record
required by this article or the rules adopted thereunder; (3) Is required by this article
to have a listed precursor chemical license or permit, and is a person as defined by this
article, and knowingly or deliberately fails to obtain such a license or permit. An offense
under this subsection shall constitute a Class C felony. (b) Notwithstanding the provisions
of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes
or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish
a listed precursor chemical or a product containing a precursor chemical or ephedrine or...
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15-16-61
Section 15-16-61 Definitions. The following definitions shall apply to this article:
(1) COURT. The court which committed the defendant pursuant to Section 15-16-43. (2)
DEFENDANT. A defendant in a criminal case who has been found not guilty by reason of insanity,
or not guilty by reason of mental disease or defect, and has been committed to the custody
of the Alabama State Department of Mental Health and Mental Retardation or another facility
as provided by Section 15-16-43. (3) DEPARTMENT. The State Department of Mental Health
and Mental Retardation. (4) DISTRICT ATTORNEY. The district attorney for the judicial circuit
of the court which committed the defendant pursuant to Section 15-16-43. (5) REGIONAL
OR COMMUNITY MENTAL HEALTH FACILITY. Any mental health facility providing mental health services
pursuant to Sections 22-51-1 through 22-51-14. (Acts 1988, No. 88-581, p. 906, ยง2.)...
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22-52-91
Section 22-52-91 Duty of law enforcement officer, community mental health officer to
take into custody alleged mentally ill persons; detention; admission; hearing. (a) When a
law enforcement officer is confronted by circumstances and has reasonable cause for believing
that a person within the county is mentally ill and also believes that the person is likely
to be of immediate danger to self or others, the law enforcement officer shall contact a community
mental health officer. The community mental health officer shall join the law enforcement
officer at the scene and location of the person to assess conditions and determine if the
person needs the attention, specialized care, and services of a designated mental health facility.
If the community mental health officer determines from the conditions, symptoms, and behavior
that the person appears to be mentally ill and poses an immediate danger to self or others,
the law enforcement officer shall take the person into custody and,...
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15-18-175
Section 15-18-175 Eligibility; exclusion; sentencing. (a) An offender who meets one
of the following minimum criteria shall be considered eligible for punishment in the community
under this article: (1) Persons who, without this option, would be incarcerated in a correctional
institution or who are currently incarcerated in a correctional institution. (2) Persons who
are convicted of misdemeanors. (b) The following offenders are excluded from consideration
for punishment in the community: (1) Persons who are convicted of offenses as listed in subdivision
(14) of Section 15-18-171. (2) Persons who demonstrate a pattern of violent behavior.
In reaching this determination, the court may consider prior convictions and other acts not
resulting in conviction or criminal charges, and the offender's behavior while in state or
county confinement. (c) The eligibility criteria established in this section shall
be interpreted as guidelines for the benefit of the court in making a determination of...
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22-56-4
Section 22-56-4 Rights. (a) Consumers of mental health services have the same general
rights as other citizens of Alabama. These rights include but are not limited to the following:
(1) The right to exercise rights as a citizen of the United States and the State of Alabama.
(2) The right to be served through general services available to all citizens. (3) The right
to choose to live, work, be educated, and recreate with persons who do not have disabilities.
(4) The right to be presumed competent until a court of competent jurisdiction, abiding by
statutory and constitutional provisions, determines otherwise. (5) The right to vote and otherwise
participate in the political process. (6) The right to free exercise of religion. (7) The
right to own and possess real and personal property. Nothing in this section shall
affect existing laws pertaining to conveyance of real or personal property. (8) The right
to make contracts. (9) The right to obtain a driver's license on the same basis as...
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12-23A-4
Section 12-23A-4 Establishment of drug court; participation; incentives and sanctions;
components; drug court team and advisory committee; coordinator. (a)(1) The presiding judge
of each judicial circuit, with the consent of the district attorney of that judicial circuit,
may establish a drug court or courts, under which drug offenders shall be processed, to appropriately
address the identified substance abuse problem of the drug offender as a condition of pretrial
release, pretrial diversion, probation, jail, prison, parole, community corrections, or other
release or diversion from a correctional facility. The structure, method, and operation of
each drug court may differ and should be based upon the specific needs of and resources available
to the judicial district or circuit where the drug court is located, but shall be created
and operate pursuant to this chapter and in compliance with rules promulgated by the Alabama
Supreme Court. (2) Nothing in this chapter shall affect the...
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