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15-9-42
Section 15-9-42 Arrest without warrant - Commitment to jail or admission to bail. If, from
the examination before the district or circuit court judge, it appears that the person held
is the person charged with having committed the crime alleged, that he probably committed
the crime and, except in cases arising under Section 15-9-34, that he has fled from justice,
the judge must commit him to jail by a warrant reciting the accusation for such a time specified
in the warrant as will enable the arrest of the accused to be made under a warrant of the
Governor on a requisition of the executive authority of the state having jurisdiction of the
offense, unless the accused gives bail as provided in Section 15-9-43, or until he shall be
legally discharged. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §62.)...
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22-11A-32
Section 22-11A-32 Commitment petition - Findings; rehearing; confinement when no treatment
available. (a) If, at the final hearing, upon 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, the probate judge, on the basis of clear and convincing evidence, shall find: (1) That
the person sought to be committed has been exposed or is afflicted with one of the diseases
designated in this article; (2) That the person has refused testing or voluntary treatment;
(3) That, as a consequence of the disease, the person is dangerous to himself and the health
of the community; (4) That the person conducts himself so as to expose others to the disease;
(5) That treatment is available for the person's illness if confined or that confinement is
necessary to prevent further spread of the disease; and (6) That commitment is the least restrictive
alternative necessary and available for the treatment of the person's...
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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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22-11A-10
Section 22-11A-10 State Board of Health to investigate reported cases of tuberculosis; voluntary
treatment; probate court may order compulsory treatment and quarantine; cost of treatment;
exercise of religious freedom. Whenever the State Board of Health or its authorized representative
shall discover, as a result of its own investigation or as a result of any report required
by this article, that any person may be afflicted with tuberculosis, the State Board of Health,
through its authorized representative, shall investigate or further investigate the circumstances
and, if after investigation, the representative of the State Board of Health is of the opinion
that an active case of tuberculosis is found, he shall encourage the person infected to take
voluntary treatment to meet the minimum requirements prescribed by the State Board of Health.
If such afflicted person refuses voluntary treatment, than the state board of health, through
its authorized representative, may petition the...
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15-21-25
Section 15-21-25 Remand or commitment to custody or restraint for public offense when commitment
irregular. In habeas corpus proceedings, if it appears that the party has been legally committed
for any public offense or that he is guilty of such an offense, although his commitment was
irregular, he may be remanded to the custody or restraint from which he was taken if the person
under whose custody or restraint he was is legally entitled thereto; but, if not so entitled,
he must be committed to the custody or restraint of the proper officer or person. (Code 1852,
§736; Code 1867, §4287; Code 1876, §4963; Code 1886, §4786; Code 1896, §4839; Code 1907,
§7034; Code 1923, §4333; Code 1940, T. 15, §29.)...
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15-21-6
Section 15-21-6 To whom petition addressed. (a) When the person is confined in a county jail
or any other place on a charge of felony or under a commitment or an indictment for felony,
the petition for a writ of habeas corpus must be addressed to the nearest circuit court judge.
(b) When the person is confined in the penitentiary or under a sentence, judgment or order
of the supreme court or the circuit court, other than an indictment for felony, the petition
must be addressed to the nearest circuit court judge. (c) In all other cases, it may be addressed
to any one of them, and when the person is confined in any other place than the county jail
or the penitentiary and on any other than a criminal charge, it may be addressed to any circuit
court judge. (Code 1852, §713; Code 1867, §4264; Code 1876, §4940; Code 1886, §4764; Code
1896, §4817; Code 1907, §7012; Code 1923, §4310; Code 1940, T. 15, §6.)...
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22-52-10.2
Section 22-52-10.2 Findings necessary for outpatient treatment. (a) A respondent may be committed
to outpatient treatment if the probate court finds, based upon clear and convincing evidence,
all of the following: (1) The respondent is mentally ill. (2) As a result of the mental illness,
the respondent will, if not treated, continue to suffer mental distress and will continue
to experience deterioration of the ability to function independently. (3) The respondent is
unable to make a rational and informed decision as to whether or not treatment for mental
illness would be desirable. (b) Upon a recommendation made by the designated mental health
facility currently providing outpatient treatment that the respondent's outpatient commitment
order should be renewed, a probate court may enter an order to renew the commitment order
upon the expiration of time allotted for treatment by the original outpatient treatment order
if the probate court finds, based upon clear and convincing evidence,...
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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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36-1A-5
Section 36-1A-5 Participation limited to voluntary, charitable, health and human care federations
and agencies with a substantial local presence. (a) Participation in the Alabama State Employee
Combined Charitable Campaign shall be limited to voluntary, charitable, health and human care
federations and agencies with a substantial local presence that provide or support direct
health and welfare services to individuals or their families and meet the criteria set forth
in this section. "Substantial local presence" is defined as a facility, staffed
by professionals or volunteers, available to provide its services and open at least 15 hours
a week. Such services must be available to state employees in the local campaign community,
unless they are rendered to needy persons overseas. Such services must directly benefit human
beings, whether children, youth, adults, the aged, the ill and infirm, or the mentally or
physically handicapped. Such services must consist of care, research, or...
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12-15-219
Section 12-15-219 Serious juvenile offenders; disposition; serious juvenile offender review
panel; facility and programs. (a) The juvenile court may find a child to be a serious juvenile
offender if: (1) The child is adjudicated delinquent and the delinquent act or acts charged
in the petition would constitute any of the following if committed by an adult: a. A Class
A felony. b. A felony resulting in serious physical injury as defined in subdivision (14)
of Section 13A-1-2. c. A felony involving deadly physical force as defined in subdivision
(6) of Section 13A-1-2; or a deadly weapon as defined in subdivision (7) of Section 13A-1-2;
or a dangerous instrument as defined in subdivision (5) of Section 13A-1-2. (2) The child
has been adjudicated delinquent for an act which would constitute a Class A or B felony or
burglary in the third degree involving a residence and the child has previously been adjudicated
delinquent of two previous acts which would have been a Class A or B felony or...
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