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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-11A-36.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-37.htm - 5K - Match Info - Similar pages
22-11A-31
Section 22-11A-31 Commitment petition - Rules to apply at hearings. At all hearings conducted
by the probate judge in relation to a petition to commit any person to the custody of the
Alabama Department of Public Health or such other facility as the court may order, the following
rules shall apply: (1) The person sought to be committed shall be present unless, prior to
the hearing, the attorney for such person has filed in writing a waiver of the presence of
such person on the ground that the presence of such person would be dangerous to such person's
health or that such person'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 person proposed to be committed 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 person...
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22-52-17
Section 22-52-17 Public facilities other than Department of Mental Health not required to perform
mental evaluations; exceptions. Notwithstanding any other language in this article, the following
limitations shall apply. No public facility other than the Department of Mental Health may
be required (as distinguished from authorized) by the probate court to perform any mental
evaluation of a person sought to be committed for use in any final commitment hearing except:
(1) In an emergency case wherein no other source or agency which is funded or mandated by
federal law, state law or both to provide such services is objectively capable of performing
such evaluation within the time limit imposed by law; or (2) In an emergency case wherein
no other source or agency operates to perform such evaluation in such emergency case, a public
hospital may be required to accept a person sought to be committed for the provision of hospital
care, if such person is admitted to the public hospital or other...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-17.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.8.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.6.htm - 4K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-11A-32.htm - 2K - Match Info - Similar pages
22-52-15
Section 22-52-15 Appeals. An appeal from an order of the probate court granting a petition
seeking to commit a respondent to the custody of the department or designated mental health
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 respondent is indigent, in which
case no security for costs shall be required. Upon the filing of a notice of appeal, the probate
judge shall determine and enter an order setting forth the limitations to be placed upon the
liberty of the respondent pending the appeal. Upon the filing of a notice...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-15.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-35.htm - 2K - Match Info - Similar pages
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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