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22-52-90
Section 22-52-90 Definitions. As used in this article, the following words and phrases shall
have the following meanings: (1) DESIGNATED MENTAL HEALTH FACILITY. A mental health facility
other than a state mental health facility designated by the state Department of Mental Health
to receive persons for evaluation, examination, admission, detention, or treatment pursuant
to the commitment process. (2) COMMUNITY MENTAL HEALTH OFFICER. A person who acts as a liaison
between law enforcement and the general public, and who is regularly employed by a municipality
within the county or regularly employed by the county commission or any public body or agency,
including the state Department of Mental Health. A community mental health officer may be
employed jointly or in combination by two or more governments, entities, or agencies authorized
by the immediately preceding sentence. Notwithstanding the foregoing, a community mental health
officer shall not be an employee of the Department of Human...
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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...
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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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22-52-17
Section 22-52-17 Public facilities other than Department of Mental Health not required to perform
mental evaluations; exceptions. Notwithstanding any other language in this article, the following
limitations shall apply. No public facility other than the Department of Mental Health may
be required (as distinguished from authorized) by the probate court to perform any mental
evaluation of a person sought to be committed for use in any final commitment hearing except:
(1) In an emergency case wherein no other source or agency which is funded or mandated by
federal law, state law or both to provide such services is objectively capable of performing
such evaluation within the time limit imposed by law; or (2) In an emergency case wherein
no other source or agency operates to perform such evaluation in such emergency case, a public
hospital may be required to accept a person sought to be committed for the provision of hospital
care, if such person is admitted to the public hospital or other...
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22-52-31
Section 22-52-31 Proceedings for civil commitment of persons accused of crimes, committed to
custody of Department of Mental Health and determined to be unable to attain capacity to proceed
to trial in foreseeable future; effect of such civil commitment upon statute of limitations,
etc. (a) Upon certification by the superintendent of Bryce or Searcy Hospital or any other
facility so designated by the commissioner that any person accused of a crime and committed
to the custody of the department in one of its facilities has been determined by appropriate
members of the medical staffs of said facilities as designated by the superintendent to be
unable to attain the capacity to proceed to trial in the foreseeable future, the commissioner
or his designee is hereby authorized to petition the judges of probate of Tuscaloosa or Mobile
Counties or any judge of probate where such facility exists for an order of civil commitment
to the Department of Mental Health. All of the subsequent provisions...
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22-52-34
Section 22-52-34 Proceedings for reevaluation and civil commitment or transfer of certain persons
in custody of Department of Mental Health. (a) Where any person is in the custody of the Department
of Mental Health pursuant to the provisions of Article 4 of this chapter, the commissioner
shall direct the superintendent of Bryce or Searcy Hospital or any other facility so designated
by the commissioner to reevaluate the mental condition of such person for a determination
as to whether or not he or she meets the minimum standards for civil commitment as defined
in Section 22-52-37. Where the sentence for which said person was committed has expired and
where said person meets the minimum standards for involuntary civil commitment, the commissioner
or his designee is hereby authorized to petition the judges of probate of Tuscaloosa or Mobile
Counties or any judge of probate where such facility exists for an order of civil commitment
to the Department of Mental Health. All of the subsequent...
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45-8-173.01
Section 45-8-173.01 Additional recording fee; Mental Health Advisory Board; disposition fee.
(a) In addition to any fees currently assessed, the probate office of Calhoun County shall
charge an additional fee of four dollars ($4) on certain transactions as provided herein in
the probate office of Calhoun County. For purposes of this section, a transaction means the
recording of any document in the probate office and the issuance of a marriage license by
the judge of probate. The fee shall be paid by the party filing the document or persons receiving
the marriage license at the time of the transaction in the probate court. After the first
year of the operation of this part, the Calhoun County Mental Health Advisory Board may increase
or lower the fee, provided the fee may not exceed six dollars ($6). The fee shall not apply
to matters filed in the Calhoun County Probate Court. (b) There is established the Calhoun
County Mental Health Advisory Board which shall have five members as...
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24-8-13
Section 24-8-13 Recommendation for hearing by investigator; order for hearing; parties' right
to take civil action; amendment of complaint; subpoenas; refusal to allow discovery; hearing;
panel opinion and order; review. (a) If not sooner resolved, the investigator, upon completion
of his investigation, shall submit to ADECA a statement of the facts disclosed by his investigation
and recommend either that the complaint be dismissed or that a panel of office members be
designated to hear the complaint. ADECA, after review of the case file and the statement and
recommendation of the investigator, shall issue an order either of dismissal or for a hearing,
which is not subject to judicial or other further review. (b) If the order is for dismissal,
ADECA shall mail a copy of the order to the complainant and the respondent at their last known
addresses. The complainant may bring an action against the respondent in circuit court within
90 days of the date of the dismissal or within one year...
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12-13-21
Section 12-13-21 Appointment of guardian for developmentally disabled person. (a) The term
"developmentally disabled" person, means a person whose impairment of general intellectual
functioning or adaptive behavior meets the following criteria: (1) It has continued since
its origination or can be expected to continue indefinitely. (2) It constitutes a substantial
burden to the impaired person's ability to perform normally in society. (3) It is attributed
to one or more of the following: a. Mental retardation, cerebral palsy, epilepsy, or autism.
b. Any other condition of a person found to be closely related to mental retardation because
it produces a similar impairment or requires treatment and services similar to those required
for a person who is mentally retarded c. Dyslexia resulting from a condition described in
subparagraph a or b. (b) Guardianship for a developmentally disabled person shall be utilized
only as is necessary to promote and protect the well being of the person,...
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12-16-78
Section 12-16-78 Drawing of names from jury box for juries in probate court; summoning and
drawing of jurors; certification to jury commission of names of persons disqualified, exempt
and empaneled. Whenever a jury is required to try any issue in a probate court of the county,
other than inquisition proceedings regarding mental illness, the probate judge shall procure
the jury box and key thereto and shall draw from the jury box as many names as he may think
necessary, in no case less than 24, and shall immediately return the key and box to the proper
custodian thereof respectively. After each name is drawn, it shall not be returned to the
jury box and there shall be no selection of names, and the probate judge shall make and file
a record of the drawing and issue an order to the sheriff requiring him to summon the jurors,
and the probate judge shall draw the juries in the manner provided by this article, and the
judge shall call the names of those disqualified and exempt and those...
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