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22-52-32
Section 22-52-32 Proceedings where persons accused of crimes and committed to custody
of Department of Mental Health found competent to stand trial or charges nolle prossed or
dismissed. Where the superintendent of Bryce or Searcy Hospital or any other facility so designated
by the commissioner, after evaluation by appropriate members of the medical staffs of said
facilities as so designated by the superintendent, has determined that any person accused
of a crime and committed to the custody of the department in one of its facilities is competent
to stand trial, or where the superintendent has been notified in writing by the committing
court that charges have been nolle prossed or otherwise dismissed against any person currently
confined to the custody of such facility, it shall be the duty of the superintendent to immediately
notify in writing the court from which the person was committed. The court shall forthwith
order the sheriff to remove the person from said facility back to the...
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15-16-43
Section 15-16-43 Commitment of defendant upon finding of mental illness. If, at the
final hearing, the court finds 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 committed to the custody of the Commissioner of the Alabama
State Department of Mental Health or to such other public facility as the court may order.
If the court does not make such a finding, then the defendant shall be released from custody
forthwith. (Acts 1981, No. 81-708, p. 1189, §3.)...
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22-11A-36
Section 22-11A-36 Appeal of commitment order; notice of appeal; limitations to be placed
upon liberty of person pending appeal. An appeal from an order of the probate court granting
a petition seeking to commit a person to the custody of the Alabama Department of Public Health
or such other facility as the court may order lies to the circuit court for trial de novo
unless the probate judge who granted the petition was learned in the law, in which case the
appeal lies to the Alabama Court of Civil Appeals on the record. Notice of appeal shall be
given in writing to the probate judge within five days after the respondent has received actual
notice of the granting of the petition and shall be accompanied by security for costs, to
be approved by the probate judge, unless the probate judge finds that the person sought to
be committed is indigent, in which case no security shall be required. Upon the filing of
a notice of appeal, the probate judge shall determine and enter an order setting...
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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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22-52-1.1
Section 22-52-1.1 Definitions. When used in this article, the following terms shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) MENTAL ILLNESS. A psychiatric disorder of thought and/or mood which significantly impairs
judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands
of life. Mental illness, as used herein, specifically excludes the primary diagnosis of epilepsy,
mental retardation, substance abuse, including alcoholism, or a developmental disability.
(2) STATE MENTAL HEALTH FACILITY. A mental health facility operated by the Alabama State Department
of Mental Health. (3) 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 provisions
of this article. (4) COMMISSIONER. The Commissioner of the...
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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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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases
have the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section
15-3-5, the term child also shall include the individual subject to the...
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12-15-410
Section 12-15-410 Evidence in commitment proceedings for minor and child with an intellectual
disability. (a) At the final hearing upon a petition seeking to commit a minor or child to
the department on the basis that the minor or child is a person with an intellectual disability,
the juvenile court may grant the petition if clear and convincing evidence proves all of the
following: (1) The minor or child sought to be committed is a person with an intellectual
disability. (2) The minor or child is not mildly retarded, as defined by the department. (3)
The minor or child, if allowed to remain in the community, is likely to cause serious injury
to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities
are available only at a facility provided by the department. (b) Upon these findings, the
juvenile court shall enter an order setting forth the findings, and may order the minor or
child committed to the custody of the department. (c) The commissioner...
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22-51-12
Section 22-51-12 Control of facilities and programs. Nothing in this chapter shall be
construed to mean that the facilities and programs provided for in this chapter are to be
under the direction or control of any person other than the board of directors appointed by
the governing bodies, as provided in Section 22-51-8, as long as said board of directors
complies with the minimum standards of construction, maintenance and operation adopted by
the State Board of Health and the minimum standards and criteria established by the Alabama
Department of Mental Health. (Acts 1967, No. 310, p. 853, §13.)...
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14-14-4
Section 14-14-4 Establishment of furlough program. (a) The department shall establish
a medical furlough program. The commissioner shall adopt the rules and regulations for implementation
of the medical furlough program. For each person considered for medical furlough, the commissioner
shall determine whether the person is a geriatric inmate, permanently incapacitated inmate,
or terminally ill inmate. (b) Notwithstanding any other law to the contrary, an inmate who
has not served his or her minimum sentence shall be considered eligible for consideration
for furlough under this chapter. (c) This chapter shall not apply to inmates convicted of
capital murder or a sexual offense. (d) Medical furlough consideration shall be in addition
to any other release for which an inmate may be eligible. (e) The commissioner shall determine
the conditions of release of any inmate pursuant to this chapter, including the appropriate
level of supervision of the inmate, and shall develop a discharge plan...
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