Code of Alabama

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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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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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22-52-90
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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45-49-171.100
Section 45-49-171.100 Temporary custody of alleged mentally ill persons under emergency situations.
(a) In Mobile County, upon a finding by the judge of probate that there is no designated mental
health facility as defined by Section 22-52-90, the judge of probate may order that those
certain persons who fall within the provisions of Article 5, commencing with Section 22-52-90,
Chapter 52, Title 22, may be detained at an appropriate public, private, or state mental health
facility within or outside the county subject to the facility's concurrence. (b) In Mobile
County, a community health officer, as defined by Section 22-52-90, may also be employed by
a certified public or private nonprofit mental health agency or organization subject to the
approval of the judge of probate of the county. (c) The foregoing provisions shall be supplemental
to Article 5, commencing with Section 22-52-90, Chapter 52, Title 22, which provides for the
evaluation and possible temporary detention of certain...
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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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22-52-10.6
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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22-52-31
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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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave,
passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME VICTIM
ADVOCATE. A person who is employed or authorized by a public entity or a private entity that
receives public funding primarily to provide...
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36-18-21
Section 36-18-21 Definitions. As used in this article, the following words, phrases or terms
shall have the following meanings, respectively unless the context thereof clearly indicates
otherwise: (a) DIRECTOR. Shall mean the Director of the Alabama Department of Forensic Sciences.
(b) PERSON. A human being, and where appropriate, a public or private corporation, an unincorporated
association, a partnership, a government or a governmental instrumentality. (c) DNA. Deoxyribonucleic
acid. (d) DNA SAMPLE. Any biological sample containing DNA. (e) DNA RECORD. An objective form
of scientific analysis or tests which contain genetic identification characteristics of DNA
samples. (f) DNA POPULATION FREQUENCY. The frequency of occurrence of a particular DNA trait
or fragment in a particular population. (g) DNA DATABASE. That system established by the Director
of the Alabama Department of Forensic Sciences for the purposes of collecting, storing and
maintaining DNA records. (h) DNA POPULATION...
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12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
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