22-52-10.1
Section 22-52-10.1 Order entered where judge finds criteria met; dismissal of petition. (a) If at the final hearing on a petition seeking to involuntarily commit a respondent, the probate judge finds, based on clear and convincing evidence, that the respondent meets the criteria for involuntary commitment, an order shall be entered for: (1) Outpatient treatment; or (2) Inpatient treatment. The least restrictive alternative necessary and available for the treatment of the respondent's mental illness shall be ordered. (b) The petition for involuntary commitment shall be dismissed if the criteria for commitment is not proved. (Acts 1991, No. 91-440, p. 783, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.1.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-9.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.8.htm - 3K - Match Info - Similar pages
22-52-10.3
Section 22-52-10.3 Order for outpatient treatment. (a) At the final hearing on a petition for commitment seeking the involuntary commitment of a respondent, the probate court may order that the respondent participate in outpatient treatment provided by a designated mental health facility. (b) The probate court shall not order outpatient treatment unless the designated mental health facility has consented to treat the respondent on an outpatient basis under the terms and conditions set forth by the probate court. (c) If outpatient treatment is ordered, the order of the probate court may state the specific conditions to be followed and shall include the general condition that the respondent follow the directives and treatment plan established by the designated mental health facility. (d) Pursuant to this section, an order for outpatient treatment shall not exceed 150 days unless the order pertains to a renewal of an outpatient commitment order up to one year as provided for by this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.3.htm - 2K - Match Info - Similar pages
22-52-2
Section 22-52-2 Review of petition by probate judge; examination of petitioner; dismissal of petition without further proceedings. (a) When any petition is filed seeking the involuntary commitment of a respondent, the probate judge shall immediately review the petition and shall require the petitioner to be sworn and answer under oath questions regarding the petition and the respondent. (b) If it appears from the face of the petition or from the testimony of the petitioner that the petition is totally without merit, the probate judge shall order the petition dismissed without further proceedings. (Acts 1975, No. 1226, p. 2562, §2; Acts 1977, No. 670, p. 1143; Acts 1991, No. 91-440, p. 783, §4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-2.htm - 1K - Match Info - Similar pages
22-52-8
Section 22-52-8 Holding of probable cause and final hearings generally. (a) When any respondent sought to be committed has any limitation imposed upon his liberty or any temporary treatment imposed upon him by the probate judge pending final hearings on such petition, the probate judge, at the time such limitation or treatment is imposed, shall set a probable cause hearing within seven days of the date of such imposition. If, at such probable cause hearing, the probate judge finds that probable cause exists that the respondent should be detained temporarily and finds that temporary treatment would be in the best interest of the respondent, the probate judge shall enter an order so stating and setting the date, time and place of a final hearing on the merits of such petition. (b) The final hearing shall be held within 30 days of the date that the respondent was served with a copy of the petition seeking to commit the respondent. (c) If temporary treatment or admittance to a hospital is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-8.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-11A-31.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.10.htm - 1K - Match Info - Similar pages
22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be filed by the director of a state mental health facility or his 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 facility is located. The petition shall explain in detail why renewal of the order is being requested, and shall further explain in detail why less restrictive conditions of treatment are not appropriate. (b) Such probate court may consider, hear, and enter appropriate orders pursuant to this section or may request that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become necessary that a special judge of probate be provided to hear and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.6.htm - 4K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-37.htm - 5K - Match Info - Similar pages
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