Title 15 — Title 15

When the defense of insanity is set up in any criminal prosecution, it must be by special plea, interposed at the time of arraignment and entered of record upon the docket of the court, which, in substance, shall be “not guilty by reason of insanity.” A plea of insanity shall not…

Irresponsibility. Every person over 14 years of age charged with crime is presumed to be responsible for his acts, and the burden of proving that he is irresponsible is cast upon the accused. The defense of insanity in all criminal prosecutions shall be clearly proved to the reas…

Persons; Proceedings Where Person Found Insane. If any person other than a minor in confinement, under indictment, for want of bail for good behavior, for keeping the peace or appearing as a witness, in consequence of any summary conviction appears to be insane, the judge of the …

Proceedings Upon Jury Findings; Resumption of Proceedings When Sanity Restored; Release Restriction. If any person charged with any felony is held in confinement under indictment and the trial court shall have reasonable ground to doubt his sanity, the trial of such person for su…

Observation and Examination of Defendant by Commission on Lunacy; Report by Commission; Order of Clerk of Court; Expenses of Removal of Defendant. (a) Whenever it shall be made known to the presiding judge of a court by which an indictment has been returned against a defendant fo…

Upon Restoration to Sanity; Limitations on Jurisdiction to Suspend Execution. If after conviction and sentence to death, but at any time before the execution of the sentence, it is made to appear to the satisfaction of the trial court that the convict is then insane, such trial c…

Guilty or Verdict of Conviction. If it shall appear from the evidence that a defendant did the act charged as constituting the offense, but at the time of committing the act he was insane, the jury shall render a special verdict to the effect that the defendant is not guilty by r…

Circumstances to Fulfill a Pending Commitment Order Under Chapter 52 of Title 22. Notwithstanding Section 15-16-20, if a commitment order has been issued pursuant to Chapter 52 of Title 22, but cannot be fulfilled because the respondent is subsequently confined solely for misdeme…

by State. The costs of removing an insane prisoner to and from the Alabama state hospitals under any of the provisions of this chapter must be defrayed by the state as in the case of removal of prisoners from one county to another; and such cost, together with the expenses of suc…

Defendant Found Not Guilty by Reason of Insanity; Subsequent Proceedings. (a) If a defendant in a criminal case is found not guilty by reason of insanity, the court shall determine whether the defendant should be held for a hearing on the issue of his or her involuntary commitmen…

Whenever the court finds probable cause pursuant to Section 15-16-41, the court shall hold a final hearing within 30 days to determine whether the defendant shall be involuntarily committed. History: (Acts 1981, No. 81-708, p. 1189, §2.)

(a)(1) If, at the final hearing, the court finds that the defendant has a mental illness and as a consequence of the mental illness poses a real and present threat of substantial harm to himself or herself or to others, the court shall order the defendant committed to the custody…

Requirements. If a circuit judge enters an order for involuntary commitment pursuant to Section 15-16-20, or any other provision of law, he or she shall immediately report the order to the Alabama State Law Enforcement Agency, in a manner prescribed by the agency, for entry into …

This article shall be entitled “The Criminal Psychopath Release Restriction Act.” History: (Acts 1988, No. 88-581, p. 906, §1.)

The following definitions shall apply to this article: (1) COURT. The court which committed the defendant pursuant to Section 15-16- 43. (2) DEFENDANT. A defendant in a criminal case who has been found not guilty by reason of insanity, or not guilty by reason of mental disease or…

Order. When a defendant in a criminal case has been committed to the custody of the commissioner of the department or another facility as provided by Section 15-16- 43, such department or facility may not release such defendant from custody unless authorized to do so by court ord…

Mentally Ill, Poses No Threat of Substantial Harm, Etc.; Inclusion in Notice of Conditional Release Plan. Whenever the department or other facility with custody of a defendant is of the opinion that the defendant is no longer mentally ill, or that the defendant no longer poses a …

The court shall set a hearing to be held within 30 days of its receipt of the notice described in Section 15-16-63, unless an order of release either with or without conditions is stipulated by the department and all the parties to whom notice is required in Section 15-16-63. The…

Where the defendant does not have an attorney, the court shall appoint him one for purposes of the hearing. Payment of appointed counsel for indigent defendants shall be at the same rates and with the same limitations as would apply if the hearing were a criminal prosecution. His…

If a hearing is not held within 60 days of receipt by the court of the notice described in Section 15-16-63, the defendant shall be released forthwith unless for good cause shown the hearing is continued for a reasonable time. History: (Acts 1988, No. 88-581, p. 906, §7.)

(a)(1) If, after conducting the hearing, the court determines that the defendant no longer has a mental illness or no longer poses a real and present threat of substantial harm to himself or herself or to others by being at large, the court shall order his or her release. (2) If …

The conditions that the court may impose upon release, if necessary and appropriate, include, the following: (1) That the defendant take medication as prescribed by doctors in the department or in a regional or community mental health facility, or by some other doctor whose care …

Reports Regarding Defendant’s Compliance; Periodic Reports Not Deemed Violative of Doctor-Patient Privilege. If conditional release is ordered, the court shall state the specific conditions to be followed by the defendant. The order shall also direct the appropriate agencies or p…

Treatment; Notice of Hearing; Standard for Modifications and Orders. If at any time it appears that the defendant has failed to comply with the conditions of release, that the defendant’s condition has deteriorated to the point that inpatient care is required, or that the release…

Notice and Hearing. If at any time after a defendant has been conditionally released, it appears that removal of some of the conditions or release of the defendant without conditions will not cause the defendant to pose a real and present threat of substantial harm to himself or …