Title 22 — Title 22

(a) When used in this article, the following terms have the following meanings, unless the context clearly indicates otherwise: (1) COMMISSIONER. The Commissioner of the Alabama State Department of Mental Health. (2) CO-OCCURRING SUBSTANCE USE DISORDER. A substance use disorder t…

(a) Any individual may file a petition seeking the involuntary commitment of another individual. The petition shall be filed in the probate court of the county in which the respondent is located. The petition shall be in writing, executed under oath, and shall include the followi…

(a) If at the final hearing on a petition seeking to involuntarily commit a respondent, the judge of probate finds, based on clear and convincing evidence, that the respondent meets the criteria for involuntary commitment, an order shall be entered for either of the following: (1…

(a) A petition for renewal of an outpatient commitment order may be filed by the director of a designated mental health facility or his or her designee at least 30 days prior to the expiration of the current commitment order. The petition, together with a copy of the original com…

(a) The director of a state mental health facility or designated mental health facility to which a respondent is currently committed for inpatient treatment, not later than 30 days prior to the expiration of the current commitment order, shall assess the appropriateness of transf…

(a) A respondent may be committed to outpatient treatment if the judge of probate, based upon clear and convincing evidence, finds all of the following: (1) The respondent has a mental illness or a mental illness with a secondary diagnosis of co-occurring substance use disorder. …

(a) At the final hearing on a petition for commitment seeking the involuntary commitment of a respondent, the probate court may order that the respondent participate in outpatient treatment provided by a designated mental health facility. (b) The probate court shall not order out…

(a) A respondent may be committed to inpatient treatment if the judge of probate, based upon clear and convincing evidence, finds that all of the following are true: (1) The respondent has a mental illness or a mental illness with a secondary diagnosis of co-occurring substance u…

(a) At the final hearing on a petition for involuntary commitment or a hearing for the revocation of a prior order for commitment to outpatient treatment, the probate court may order that the respondent be committed to: (i) the department for inpatient treatment at a state mental…

(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…

A respondent committed to inpatient treatment may be transferred from any treatment facility to another treatment facility when deemed to be in the best interest of the respondent. Any law enforcement officer or any designated employee of the department or designated mental healt…

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 Dep…

(a)(1) Upon any finding that a defendant is insane, mentally incompetent, or not guilty by reason of mental disease or defect pursuant to Chapter 16 of Title 15, or the Alabama Rules of Criminal Procedure, the judge shall immediately forward the order of the finding to the Alabam…

The probate court involuntarily committing a respondent shall retain jurisdiction over the respondent concurrently with the probate court of the county in which the respondent is subsequently located for so long as the respondent is subject to the commitment order, and the probat…

The probate judge shall order one or more persons or law enforcement officers to convey any respondent involuntarily committed for inpatient treatment to the department or to a designated mental health facility as the court may order, and all necessary expenses incurred by the pe…

(a) The department shall designate certain mental health facilities that shall have the authority to receive respondents for evaluation, admission, detention, treatment and discharge pursuant to the provisions of this chapter. (b) The department shall establish standards of care …

With regard to those patients who shall have been committed to state mental health facilities for 150 days or more as of January 1, 1992, the directors of such facilities or their designees shall petition for renewal of the commitment orders affecting such patients as appropriate…

Veterans Administration Hospitals, Etc., with Respect to Retention, Transfer, Treatment, Etc., of Persons Transferred Thereto, Etc.; Effect of Foreign Judgments or Orders of Commitment Committing Persons to Veterans Administration or Other Federal Agency. (a) Any respondent invol…

In any commitment proceeding, the fees of any attorney appointed by the probate judge to act as advocate for the petition and any attorney or guardian ad litem appointed by the probate judge for the person sought to be committed shall be set at the rates established by Section 15…

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 petiti…

This article does not apply to commitment to the custody of the State Department of Mental Health of individuals under the age of 19 years who are mentally ill. History: (Act 2019-447, §1.)

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 …

(a) When any petition is filed seeking the involuntary commitment of a respondent, the probate judge shall immediately review the petition and shall require the petitioner to be sworn and answer under oath questions regarding the petition and the respondent. (b) If it appears fro…

When any petition has been filed seeking the involuntary commitment of a respondent and the petition has been reviewed by the judge of probate, the judge of probate shall order the sheriff of the county in which the respondent was located at the time of the filing to serve a copy…

When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) CAPACITY TO PROCEED OR CONTINUE TO TRIAL. Whether or not a defendant accused of a crime: a. Understands the nature of the charges pr…

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 commissi…

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 s…

“Not Guilty by Reason of Insanity.” Where any person who is currently in the custody of the Department of Mental Health has been adjudicated “not guilty by reason of insanity” pursuant to the provisions of Sections 15-16-24, 15-16-25 and 15-16-40, the commissioner or his designee…

Health. (a) Where any person is in the custody of the Department of Mental Health pursuant to the provisions of Article 4 of this chapter, the commissioner shall direct the superintendent of Bryce or Searcy Hospital or any other facility so designated by the commissioner to reeva…

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, …

(a) There is hereby appropriated to the State Comptroller from the general fund of the State Treasurer the sum of $20,000.00 for the purpose of paying salaries and expenses of such special probate judges appointed under the provisions of this article. (b) All special judges of pr…

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 schedul…

Presence of Judge, Prior to Obtaining Services of Attorney, Not to Be Considered by Judge. (a) At the time when any petition has been filed seeking the involuntary commitment of a respondent, the probate judge shall appoint a guardian ad litem to represent and to protect the righ…

Appear in Support of Petition. The probate judge shall appoint an attorney to serve as the advocate in support of the petition to commit in all matters regarding a petition to commit. If the person or persons filing a petition to have a person committed wish to employ an attorney…

Repealed by Act 2015-70 effective April 21, 2015. History: (Acts 1969, No. 774, p. 1384, §1.)

Repealed by Act 2015-70 effective April 21, 2015. History: (Acts 1969, No. 774, p. 1384, §2.)

Repealed by Act 2015-70 effective April 21, 2015. History: (Acts 1969, No. 774, p. 1384, §3.)

Repealed by Act 2015-70 effective April 21, 2015. History: (Acts 1969, No. 774, p. 1384, §4.)

Repealed by Act 2015-70 effective April 21, 2015. History: (Acts 1969, No. 774, p. 1384, §5.)

Repealed by Act 2015-70 effective April 21, 2015. History: (Acts 1969, No. 774, p. 1384, §6.)

Repealed by Act 2015-70 effective April 21, 2015. History: (Acts 1969, No. 774, p. 1384, §7.)

Repealed by Act 2015-70 effective April 21, 2015. History: (Acts 1969, No. 774, p. 1384, §8.)

Repealed by Act 2015-70 effective April 21, 2015. History: (Acts 1969, No. 774, p. 1384, §9.)

Hearing, Etc. (a) When a petition is filed seeking the involuntary commitment of a respondent, the probate judge with whom the petition is filed shall notify the department or designated mental health facility of the pendency of the petition in the manner and with such other info…

Supervision of Temporary Treatment. (a)(1) When a petition has been filed seeking to have limitations placed upon the liberty of a respondent pending the outcome of a final hearing on the merits, the judge of probate shall order the sheriff of the county in which the respondent w…

Repealed by Act 2015-70 effective April 21, 2015. History: (Code 1867, §§1067, 1068, 1069; Code 1876, §§1494, 1495, 1496; Code 1886, §§1250, 1251, 1252; Code 1896, §§2563, 2564, 2565; Code 1907, §871; Code 1923, §1456; Code 1940, T. 45, §222.)

Repealed by Act 2015-70 effective April 21, 2015. History: (Code 1896, §2568; Code 1907, §872; Code 1923, §1457; Code 1940, T. 45, §223.)

Repealed by Act 2015-70 effective April 21, 2015. History: (Code 1867, §1070; Code 1876, §1497; Code 1886, §1253; Code 1896, §2566; Code 1907, §873; Code 1923, §1458; Code 1940, T. 45, §224.)

(a) When any respondent sought to be committed has any limitation imposed upon his liberty or any temporary treatment imposed upon him by the probate judge pending final hearings on such petition, the probate judge, at the time such limitation or treatment is imposed, shall set a…

At all hearings, including probable cause hearings, conducted by the probate judge in relation to a petition to involuntarily commit a respondent, the following rules shall apply: (1) The respondent shall be present unless, prior to the hearing, the attorney for the respondent ha…