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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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22-52-37
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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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,
ยง4.)...
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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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22-50-11
Section 22-50-11 Department - Additional and cumulative powers. The Department of Mental
Health is given hereby the following additional and cumulative powers through its commissioner:
(1) It is authorized and directed to set up state plans for the purpose of controlling and
treating any and all forms of mental and emotional illness and any and all forms of mental
retardation and shall divide the state into regions, districts, areas or zones, which need
not be geographic areas, but shall be areas for the purpose of establishing priorities and
programs and for organizational and administrative purposes in accordance with these state
plans. (2) It is designated and authorized to supervise, coordinate, and establish standards
for all operations and activities of the state related to mental health and the providing
of mental health services; and it is authorized to receive and administer any funds available
from any source for the purpose of acquiring building sites for, constructing,...
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13A-11-72
Section 13A-11-72 Certain persons forbidden to possess pistol. (a) No person who has
been convicted in this state or elsewhere of committing or attempting to commit a crime of
violence, misdemeanor offense of domestic violence, violent offense as listed in Section
12-25-32(15), anyone who is subject to a valid protection order for domestic abuse, or anyone
of unsound mind shall own a firearm or have one in his or her possession or under his or her
control. (b) No person who is a minor, except under the circumstances provided in this section,
a drug addict, or an habitual drunkard shall own a pistol or have one in his or her possession
or under his or her control. (c) Subject to the exceptions provided by Section 13A-11-74,
no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on
the premises of a public school. (d) Possession of a deadly weapon with the intent to do bodily
harm on the premises of a public school in violation of subsection (c) of this...
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41-15B-2.2
Section 41-15B-2.2 Allocation of trust fund revenues. (a) For each fiscal year, beginning
October 1, 1999, contingent upon the Children First Trust Fund receiving tobacco revenues
and upon appropriation by the Legislature, an amount of up to and including two hundred twenty-five
thousand dollars ($225,000), or equivalent percentage of the total fund, shall be designated
for the administration of the fund by the council and the Commissioner of Children's Affairs.
(b) For the each fiscal year, beginning October 1, 1999, contingent upon the Children First
Trust Fund receiving tobacco revenues, the remainder of the Children First Trust Fund, in
the amounts provided for in Section 41-15B-2.1, shall be allocated as follows: (1)
Ten percent of the fund shall be allocated to the Department of Public Health for distribution
to one or more of the following: a. The Children's Health Insurance Program. b. Programs for
tobacco control among children with the purpose being to reduce the consumption...
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22-52-35
Section 22-52-35 Appointment of special probate judges for consideration, hearing and
entry of orders pertaining to commitment or continued custody of certain persons committed
or transferred to facilities of Department of Mental Health; qualifications, powers, etc.,
of special probate judges; conduct of hearings by special probate judges generally. (a) Upon
application of the commissioner or his designee, the Governor may appoint one or more special
judges of probate for the purpose of considering, hearing and entering appropriate orders
with regard to the commitment or continued custody of such persons who have been committed
by any court of this state to any facility pursuant to the provisions of Sections 15-16-24
and 15-16-40, accused of a crime but not yet tried, or transferred to such facility on order
of the Governor, pursuant to the provisions of Article 4 of this chapter. (b) A special judge
of probate appointed under the provisions of this article shall be vested with all...
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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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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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