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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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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22-52-33
Section 22-52-33 Proceedings for civil commitment of persons in custody of Department
of Mental Health who have been adjudicated "not guilty by reason of insanity." Where
any person who is currently in the custody of the Department of Mental Health has been adjudicated
"not guilty by reason of insanity" pursuant to the provisions of Sections 15-16-24,
15-16-25 and 15-16-40, the commissioner or his designee shall 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. (Acts 1975, No. 1228, p. 2576,
§4.)...
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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...
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15-16-41
Section 15-16-41 Determination of necessity for hearing as to involuntary commitment
of defendant found not guilty by reason of insanity; subsequent proceedings. If a defendant
in a criminal case is found not guilty by reason of insanity, the court shall forthwith determine
whether the defendant should be held for a hearing on the issue of his involuntary commitment
to the Alabama State Department of Mental Health. If the court determines that there is probable
cause to believe that the defendant is mentally ill and as a consequence of such mental illness
poses a real and present threat of substantial harm to himself or to others, the court shall
order the defendant into the custody of the sheriff until a hearing can be held to determine
whether the defendant shall be involuntarily committed. If the court does not make such a
determination, then the defendant shall be forthwith released from custody. (Acts 1981, No.
81-708, p. 1189, §1.)...
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12-15-115
Section 12-15-115 Original jurisdiction - Civil. (a) A juvenile court shall also exercise
original jurisdiction of the following civil proceedings: (1) Removal of disabilities of nonage
pursuant to Chapter 13 of Title 26. (2) Proceedings for judicial consent for a person under
the respective legal age to marry, to be employed, withdraw from school, or enlist in military
service when this consent is required by law. (3) Proceedings for the commitment of a minor
or child with mental illness or an intellectual disability to the Department of Mental Health,
as provided in Article 4 (commencing with Section 12-15-401). (4) Proceedings for the
adoption of a child when these proceedings have been transferred from probate court as provided
by law. (5) Proceedings for waiver of parental consent for a minor to have an abortion pursuant
to Chapter 21 of Title 26. (6) Proceedings to establish parentage of a child pursuant to the
Alabama Uniform Parentage Act, Chapter 17 of Title 26. (7)...
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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...
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22-21-265
Section 22-21-265 Certificates of need - Required for new institutional health service.
(a) On or after July 30, 1979, no person to which this article applies shall acquire, construct,
or operate a new institutional health service, as defined in this article, or furnish or offer,
or purport to furnish a new institutional health service, as defined in this article, or make
an arrangement or commitment for financing the offering of a new institutional health service,
unless the person shall first obtain from the SHPDA a certificate of need therefor. Notwithstanding
any provisions of this article to the contrary, those facilities and distinct units operated
by the Department of Mental Health, and those facilities and distinct units operating under
contract or subcontract with the Department of Mental Health where the contract constitutes
the primary source of income to the facility, shall not be required to obtain a certificate
of need under this article. (b) Notwithstanding all other...
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22-54-2
Section 22-54-2 Sources from which patients may be admitted to facility. (a) Patients
admitted to the facility may originate from the following sources: (1) Residents of any institution
under the jurisdiction of the Alabama Department of Mental Health; (2) Commitments by the
courts as mentally incompetent to stand trial under applicable state law; (3) Referrals by
the courts for psychosocial diagnosis and recommendation as part of the pretrial or presentence
procedure or determination of mental competency to stand trial; (4) Mentally ill prisoners
from county and municipal jails for diagnosis, evaluation or treatment; and (5) Mentally ill
convicts under the custody of the Department of Corrections of Alabama for diagnosis, evaluation
or treatment. (b) Patients from other sources may be admitted provided such admission is not
inconsistent with the law and is within the capacity of the facilities and staff to accommodate
same. (Acts 1975, No. 1220, p. 2545, §2.)...
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