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22-52-10.4
Section 22-52-10.4 Findings necessary for inpatient treatment; order when no treatment available.
(a) A respondent may be committed to inpatient treatment if the probate court finds, based
upon clear and convincing evidence that: (i) the respondent is mentally ill; (ii) as a result
of the mental illness the respondent poses a real and present threat of substantial harm to
self and/or others; (iii) the respondent will, if not treated, continue to suffer mental distress
and will continue to experience deterioration of the ability to function independently; and
(iv) the respondent is unable to make a rational and informed decision as to whether or not
treatment for mental illness would be desirable. (b) If the probate judge finds that no treatment
is presently available for the respondent's mental illness, but that confinement is necessary
to prevent the respondent from causing substantial harm to himself or to others, the order
committing the respondent shall provide that, should...
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12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on
the merits of the petition in accordance with subsection (d) within 90 calendar days of the
date the petition was filed. The court, for good cause, may extend the time within which it
must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a
hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by
the trial judge and may include oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. Leave of the court shall be obtained
for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition,
the court may consider the following factors, in addition to the information contained in
the postsentence report: (1) The nature and seriousness of the offense....
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9-9-11
Section 9-9-11 Establishment of district - Filing of objections to organization of district;
hearing and proceedings upon petition and objections; issuance of order declaring organization
of district; dismissal of petition and issuance of itemized bill of costs and expenses. (a)
Any owner of real property affected by said proposed district who wishes to object to the
organization and incorporation of said district shall, on or before 12:00 noon of the day
set for the causes to be heard, file his objection in writing stating why such district should
not be organized and incorporated. On the day appointed for the hearing, the court shall hear
and determine in a summary manner any objection that may be offered to the sufficiency of
the petition or to the report of the engineer or plan submitted by petitioners. If it appears
that there is any land within the proposed district that is not in the watershed, if the proposed
plan includes purposes other than drainage or is not in the benefited...
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22-11A-28
Section 22-11A-28 Commitment petition - Limitations placed upon liberty of person; probate
judge determination; standard for imposing limitations; probable cause hearing; temporary
treatment before final hearing. (a) When a petition has been filed, seeking to have limitations
placed upon the liberty of a person, pending the outcome of a final hearing on the merits,
the probate judge shall order the sheriff of the county in which such person is located, to
serve a copy of the petition upon such person and to bring such person before the probate
judge instanter. When any such person against whom a petition has been filed, seeking to have
limitations placed upon such person's liberty pending the outcome of a full and final hearing
on the merits, is initially brought before the probate judge, the probate judge shall determine
from an interview with the person sought to be committed and with other available persons,
what limitations, if any, shall be imposed upon such person's liberty and...
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11-41-8
Section 11-41-8 Validation of previously invalidated incorporations and alterations of corporate
limits. (a) In all cases prior to May 14, 2012, where there has been an attempt to organize
the inhabitants of any territory as a municipal corporation under this article, and the judge
of probate of the county in which the territory is situated has entered an order that the
inhabitants of the territory are incorporated as a town or city, as the case may be, pursuant
to Section 11-41-4, but the attempted incorporation is invalid because of some irregularity
in the procedure followed, the incorporation of that municipality so attempted to be organized
and with respect to which the order has been made is validated ab initio in accordance with
the description of the territory attempted to be incorporated as the description is contained
in the order or, if the description of the territory attempted to be incorporated is not contained
in the order in accordance with the description of the...
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22-11A-26
Section 22-11A-26 Commitment petition - Probate judge may take sworn testimony of petitioner;
petition without merit to be dismissed. When any petition is filed, seeking to commit any
person to the custody of the Alabama Department of Public Health, the probate judge shall
immediately review the petition and may require the petitioner to be sworn in and to answer,
under oath, questions regarding the petition and the person sought to be committed. If it
appears from the face of the petition or the testimony of the petitioner that the petition
is totally without merit, the probate judge may order the petition dismissed without further
proceedings. (Acts 1987, No. 87-574, p. 904, §26.)...
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22-11A-27
Section 22-11A-27 Commitment petition - Notice of petition to be served; contents. When any
petition has been filed seeking to commit a person to the custody of the Alabama Department
of Public Health on the ground that such person is a danger to public health and such petition
has been reviewed by the probate judge, the probate judge shall order the sheriff of the county
in which such person is located to serve a copy of the petition, together with a copy of the
order setting the petition for hearing, upon such person. Said notice shall include the date,
time and place of the hearing; a clear statement of the purpose of the proceeding and the
possible consequences to the subject thereof; the alleged factual basis for the proposed commitment;
a statement of the legal standards upon which commitment is authorized; and a list of the
names and addresses of the witnesses who may be called to testify in support of the petition.
Said notice shall be served on the person sought to be...
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22-52-12
Section 22-52-12 Conveyance of person committed to facility; expenses of conveyance. The probate
judge shall order one or more persons or law enforcement officers to convey any respondent
involuntarily committed for inpatient treatment to the department or to a designated mental
health facility as the court may order, and all necessary expenses incurred by the persons
or officers conveying the respondent shall be taxed as costs of the proceeding. (Acts 1975,
No. 1226, p. 2562, §15; Acts 1977, No. 670, p. 1143; Acts 1991, No. 91-440, p. 783, §19.)...
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11-41-7
Section 11-41-7 Reinstatement of corporate organization of dormant municipalities; appointment
of mayor and councilmen for same. Towns or cities that have permitted their organization to
become dormant and inefficient may, by a petition of a majority of the taxpayers of such town
or city to the probate judge, have their corporate organization reinstated by an order, entered
of record, of the probate judge, who thereupon shall appoint a mayor and councilmen for such
town or city, who shall hold their offices until the next regular election thereafter and
until their successors are elected and qualified. (Code 1907, §1059; Code 1923, §1750; Code
1940, T. 37, §16.)...
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22-11A-24
Section 22-11A-24 Commitment to Department of Public Health for compulsory treatment when person
exposed or afflicted and refuses treatment. When any person exposed to a disease or where
reasonable evidence indicates exposure to a disease or infection designated under this article
refuses testing or when any person afflicted with a disease designated under this article
refuses treatment and/or conducts himself so as to expose others to infection, the state or
county health officer or the designee may petition the probate judge of the county in which
such person is located to commit him to the custody of the Alabama Department of Public Health
for compulsory testing, treatment and quarantine. (Acts 1987, No. 87-574, p. 904, §24.)...
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