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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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22-11A-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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22-52-31
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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22-11A-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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22-11A-27
Section 22-11A-27 Commitment petition - Notice of petition to be served; contents. When any
petition has been filed seeking to commit a person to the custody of the Alabama Department
of Public Health on the ground that such person is a danger to public health and such petition
has been reviewed by the probate judge, the probate judge shall order the sheriff of the county
in which such person is located to serve a copy of the petition, together with a copy of the
order setting the petition for hearing, upon such person. Said notice shall include the date,
time and place of the hearing; a clear statement of the purpose of the proceeding and the
possible consequences to the subject thereof; the alleged factual basis for the proposed commitment;
a statement of the legal standards upon which commitment is authorized; and a list of the
names and addresses of the witnesses who may be called to testify in support of the petition.
Said notice shall be served on the person sought to be...
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22-52-93
Section 22-52-93 Costs. No county shall be required to pay costs associated with the temporary
confinement or commitment of a person to a designated mental health facility, including, but
not limited to, the cost of housing and treatment. All costs associated with a probable cause
hearing, including cost of counsel, shall be paid by the State General Fund upon order of
the judge of probate; except, that if the petition is denied and the petitioner is not indigent
and is not a law enforcement officer or other public official acting within the line and scope
of his or her duties, all costs may be taxed against the petitioner, or if the petition is
granted and the person sought to be committed is not indigent, the judge of probate may order
all costs paid from the estate of the person committed. (Acts 1994, No. 94-690, p. 1326, §4.)...
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22-11A-26
Section 22-11A-26 Commitment petition - Probate judge may take sworn testimony of petitioner;
petition without merit to be dismissed. When any petition is filed, seeking to commit any
person to the custody of the Alabama Department of Public Health, the probate judge shall
immediately review the petition and may require the petitioner to be sworn in and to answer,
under oath, questions regarding the petition and the person sought to be committed. If it
appears from the face of the petition or the testimony of the petitioner that the petition
is totally without merit, the probate judge may order the petition dismissed without further
proceedings. (Acts 1987, No. 87-574, p. 904, §26.)...
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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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22-52-32
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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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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