Code of Alabama

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22-52-11
Section 22-52-11 Retention of jurisdiction by probate court over person committed. The probate
court involuntarily committing a respondent shall retain jurisdiction over the respondent
concurrently with the probate court of the county in which the respondent is subsequently
located for so long as the respondent is subject to the commitment order, and the probate
court committing the respondent may hold any hearing regarding the respondent at any place
within the State of Alabama where the respondent may be located. (Acts 1975, No. 1226, p.
2562, §13; Acts 1977, No. 670, p. 1143; Acts 1991, No. 91-440, p. 783, §18.)...
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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...
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22-11A-33
Section 22-11A-33 Probate court retains jurisdiction over person committed. The probate court
committing any person to the custody of the Alabama Department of Public Health or such other
facility as the court may order shall retain jurisdiction over such person concurrently with
the probate court of the county in which the person is subsequently located for so long as
the person is in custody, and the probate court committing such person may hold any hearing
regarding such person at any place within the State of Alabama where such person may be located.
(Acts 1987, No. 87-574, p. 904, §33.)...
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22-52-13
Section 22-52-13 Transfer of persons committed to Veterans Administration or other federal
agency; powers, etc., of chief officers of Veterans Administration Hospitals, etc., with respect
to retention, transfer, treatment, etc., of persons transferred thereto, etc.; effect of foreign
judgments or orders of commitment committing persons to Veterans Administration or other federal
agency. (a) Any respondent involuntarily committed by the probate court to the custody of
the department or designated mental health facility as the court may order, who is entitled
to care and treatment at a facility operated by the United States Veterans Administration
or other agency of the United States government, may be transferred by the department to the
United States Veterans Administration or other agency of the United States on such terms and
conditions as may be agreed upon by the department and the Veterans Administration or other
agency. Upon such transfer, the committed respondent shall be...
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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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22-52-9
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...
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22-52-1.2
Section 22-52-1.2 Filing and contents of petition seeking involuntary commitment of another.
(a) Any person may file a petition seeking the involuntary commitment of another person. The
petition shall be filed in the probate court of the county in which the respondent is located.
The petition shall be in writing, executed under oath, and shall include the following information:
(1) The name and address, if known, of the respondent. (2) The name and address, if known,
of the respondent's spouse, legal counsel, or next-of-kin. (3) That the petitioner has reason
to believe the respondent is mentally ill. (4) That the beliefs of the petitioner are based
on specific behavior, acts, attempts, or threats, which shall be specified and described in
detail. (5) The names and addresses of other persons with knowledge of respondent's mental
illness who may be called as witnesses. The petition may be accompanied by any other relevant
information. (b) The home address and the telephone number of the...
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22-52-7
Section 22-52-7 Restrictions on imposition of limitations upon liberty of person sought to
be committed pending hearings; ordering, etc., of examinations of person sought to be committed;
supervision of temporary treatment. (a) When a petition has been filed seeking to have limitations
placed upon the liberty of a respondent pending the outcome of a final hearing on the merits,
the probate judge shall order the sheriff of the county in which the respondent is located
to serve a copy of the petition upon the respondent and to bring the respondent before the
probate judge instanter. When any respondent against whom a petition has been filed seeking
to have limitations placed upon the respondent'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 respondent and with other available persons what
limitations, if any, shall be imposed upon the respondent's liberty...
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22-52-92
Section 22-52-92 Applicability to counties. (a) This article shall not be applicable to any
county unless and until the judge of probate with the approval of the county commission of
that particular county makes a finding that there exists in the county provisions for implementation
of the community mental health officer program and the necessary facilities to detain persons
pursuant to this article. In that event, the judge of probate shall open a case under a docket
number and enter therein findings upon the records of the court which shall also expressly
state the intention thereby to invoke this article. Notification and a copy of the court's
findings and statement shall be served on all designated mental health facilities located
within the county, all law enforcement agencies within the county, the Commissioner of the
state Department of Mental Health, the state Attorney General, the Secretary of State, the
Governor of the State of Alabama, and any other persons deemed...
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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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