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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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