Alabama 2022 Regular Session

Alabama House Bill HB70 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 HB70
2		-	2 215432-4
	2	+	2 215432-3
3	3		3 By Representatives Reynolds, Whitt, Moore (P), Stadthagen and
4	4		4 Simpson
5	5		5 RFD: Judiciary
6	6		6 First Read: 11-JAN-22
7	7		7 PFD: 01/06/2022
8	8
9		-	Page 0 HB70
10		-	1
11		-	2 ENROLLED, An Act,
12		-	3 Relating to mental health; to amend Sections
13		-	4 15-16-41, 15-16-43, 15-16-67, 22-52-1.1, 22-52-10.2,
14		-	5 22-52-10.4, and 22-52-91, Code of Alabama 1975, to provide
15		-	6 definitions; to further provide for the assessment of an
16		-	7 individual's threat of harm for purposes of an involuntary
17		-	8 commitment hearing; to allow a law enforcement officer under
18		-	9 certain conditions to deliver an individual to a designated
19		-	10 mental health facility for evaluation; to allow a court to
20		-	11 commit an individual to outpatient treatment for mental
21		-	12 illness under certain circumstances; and to add Section
22		-	13 22-52-10.11 to the Code of Alabama 1975, to require certain
23		-	14 mental health facilities to assess the appropriateness of
24		-	15 transferring a respondent committed for inpatient care to
25		-	16 outpatient treatment within a certain amount of time prior to
26		-	17 the expiration of the commitment order.
27		-	18 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
28		-	19 Section 1. Sections 15-16-41, 15-16-43, 15-16-67,
29		-	20 22-52-1.1, 22-52-10.2, 22-52-10.4, and 22-52-91, Code of
30		-	21 Alabama 1975, are amended to read as follows:
31		-	22 "§15-16-41.
32		-	23 "(a) If a defendant in a criminal case is found not
33		-	24 guilty by reason of insanity, the court shall forthwith
34		-	25 determine whether the defendant should be held for a hearing
35		-	Page 1 HB70
36		-	1 on the issue of his or her involuntary commitment to the
37		-	2 Alabama State Department of Mental Health. If the court
38		-	3 determines that there is probable cause to believe that the
39		-	4 defendant is mentally ill has a mental illness and as a
40		-	5 consequence of such the mental illness poses a real and
41		-	6 present threat of substantial harm to himself or herself or to
42		-	7 others, the court shall order the defendant into the custody
43		-	8 of the sheriff until a hearing can be held to determine
44		-	9 whether the defendant shall be involuntarily committed. If the
45		-	10 court does not make such a determination, then the defendant
46		-	11 shall be forthwith released from custody.
47		-	12 "(b) In determining whether the defendant poses a
48		-	13 real and present threat of substantial harm to self or others,
49		-	14 the court shall consider all available relevant information,
50		-	15 including any known relevant aspects of the defendant's
51		-	16 psychosocial, medical, and psychiatric history, in addition to
52		-	17 the defendant's current behavior.
53		-	18 "§15-16-43.
54		-	19 "(a)(1) If, at the final hearing, the court finds
55		-	20 that the defendant is mentally ill has a mental illness and as
56		-	21 a consequence of such the mental illness poses a real and
57		-	22 present threat of substantial harm to himself or herself or to
58		-	23 others, the court shall order the defendant committed to the
59		-	24 custody of the Commissioner of the Alabama State Department of
60		-	Page 2 HB70
61		-	1 Mental Health or to such other another public facility as the
	9	+	Page 0 1 ENGROSSED
	10	+	2
	11	+	3
	12	+	4 A BILL
	13	+	5 TO BE ENTITLED
	14	+	6 AN ACT
	15	+	7
	16	+	8 Relating to mental health; to amend Sections
	17	+	9 15-16-41, 15-16-43, 15-16-67, 22-52-1.1, 22-52-10.2,
	18	+	10 22-52-10.4, and 22-52-91, Code of Alabama 1975, to provide
	19	+	11 definitions; to further provide for the assessment of an
	20	+	12 individual's threat of harm for purposes of an involuntary
	21	+	13 commitment hearing; to allow a law enforcement officer under
	22	+	14 certain conditions to deliver an individual to a designated
	23	+	15 mental health facility for evaluation; to allow a court to
	24	+	16 commit an individual to outpatient treatment for mental
	25	+	17 illness under certain circumstances; and to add Section
	26	+	18 22-52-10.11 to the Code of Alabama 1975, to require certain
	27	+	19 mental health facilities to assess the appropriateness of
	28	+	20 transferring a respondent committed for inpatient care to
	29	+	21 outpatient treatment within a certain amount of time prior to
	30	+	22 the expiration of the commitment order.
	31	+	23 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	32	+	24 Section 1. Sections 15-16-41, 15-16-43, 15-16-67,
	33	+	25 22-52-1.1, 22-52-10.2, 22-52-10.4, and 22-52-91, Code of
	34	+	26 Alabama 1975, are amended to read as follows:
	35	+	27 "§15-16-41.
	36	+	Page 1 1 "(a) If a defendant in a criminal case is found not
	37	+	2 guilty by reason of insanity, the court shall forthwith
	38	+	3 determine whether the defendant should be held for a hearing
	39	+	4 on the issue of his or her involuntary commitment to the
	40	+	5 Alabama State Department of Mental Health. If the court
	41	+	6 determines that there is probable cause to believe that the
	42	+	7 defendant is mentally ill has a mental illness and as a
	43	+	8 consequence of such the mental illness poses a real and
	44	+	9 present threat of substantial harm to himself or herself or to
	45	+	10 others, the court shall order the defendant into the custody
	46	+	11 of the sheriff until a hearing can be held to determine
	47	+	12 whether the defendant shall be involuntarily committed. If the
	48	+	13 court does not make such a determination, then the defendant
	49	+	14 shall be forthwith released from custody.
	50	+	15 "(b) In determining whether the defendant poses a
	51	+	16 real and present threat of substantial harm to self or others,
	52	+	17 the court shall consider all available relevant information,
	53	+	18 including any known relevant aspects of the defendant's
	54	+	19 psychosocial, medical, and psychiatric history, in addition to
	55	+	20 the defendant's current behavior.
	56	+	21 "§15-16-43.
	57	+	22 "(a)(1) If, at the final hearing, the court finds
	58	+	23 that the defendant is mentally ill has a mental illness and as
	59	+	24 a consequence of such the mental illness poses a real and
	60	+	25 present threat of substantial harm to himself or herself or to
	61	+	26 others, the court shall order the defendant committed to the
	62	+	27 custody of the Commissioner of the Alabama State Department of
	63	+	Page 2 1 Mental Health or to such other another public facility as the
62	64		2 court may order.
63	65		3 "(2) If the court does not make such a finding that
64	66		4 the defendant has a mental illness and as a consequence of the
65	67		5 mental illness poses a real and present threat of substantial
66	68		6 harm to himself or herself or to others, then the defendant
67	69		7 shall be released from custody forthwith.
68	70		8 "(b) In determining whether the defendant poses a
69	71		9 real and present threat of substantial harm to self or others,
70	72		10 the court shall consider all available relevant information,
71	73		11 including any known relevant aspects of the defendant's
72	74		12 psychosocial, medical, and psychiatric history, in addition to
73	75		13 the defendant's current behavior.
74	76		14 "§15-16-67.
75	77		15 "(a)(1) If, after conducting the hearing, the court
76	78		16 determines that the defendant is no longer mentally ill no
77	79		17 longer has a mental illness or no longer poses a real and
78	80		18 present threat of substantial harm to himself or herself or to
79	81		19 others by being at large, the court shall order his or her
80	82		20 release.
81	83		21 (2) If the court determines that the defendant is
82	84		22 still mentally ill has a mental illness but no longer poses a
83	85		23 real and present threat of substantial harm to himself or
84	86		24 herself or to others by being at large if his or her release
85	87		25 is accompanied by certain conditions, the court shall order
86		-	Page 3 HB70
87		-	1 his or her release subject to those conditions necessary to
88		-	2 prevent the defendant from posing a real and present threat of
89		-	3 substantial harm to himself or herself or to others.
90		-	4 "(b) In determining whether the defendant poses a
91		-	5 real and present threat of substantial harm to self or others,
92		-	6 the court shall consider all available relevant information,
93		-	7 including any known relevant aspects of the defendant's
94		-	8 psychosocial, medical, and psychiatric history, in addition to
95		-	9 the defendant's current behavior.
96		-	10 "§22-52-1.1.
97		-	11 "When used in this article, the following terms
98		-	12 shall have the following meanings, respectively, unless the
99		-	13 context clearly indicates otherwise:
100		-	14 "(1)(6) MENTAL ILLNESS. A psychiatric disorder of
101		-	15 thought and/or or mood which significantly impairs judgment,
102		-	16 behavior, capacity to recognize reality, or ability to cope
103		-	17 with the ordinary demands of life. Mental illness, as used
104		-	18 herein, The term specifically excludes the primary diagnosis
105		-	19 of epilepsy, mental retardation an intellectual disability,
106		-	20 substance abuse, including alcoholism, or a developmental
107		-	21 disability.
108		-	22 "(2)(10) STATE MENTAL HEALTH FACILITY. A mental
109		-	23 health facility operated by the Alabama State Department of
110		-	24 Mental Health.
111		-	Page 4 HB70
112		-	1 "(3) DESIGNATED MENTAL HEALTH FACILITY. A mental
113		-	2 health facility, other than a state mental health facility,
114		-	3 which is designated by the State Department of Mental Health
115		-	4 to receive persons individuals for evaluation, examination,
116		-	5 admission, detention, or treatment pursuant to the provisions
117		-	6 of this article.
118		-	7 "(4)(1) COMMISSIONER. The Commissioner of the
119		-	8 Alabama State Department of Mental Health.
120		-	9 "(5)(7) OUTPATIENT TREATMENT. Treatment being
121		-	10 provided to a person an individual in a nonresidential setting
122		-	11 and who is not admitted for 24-hour-a-day care.
123		-	12 "(6)(4) INPATIENT TREATMENT. Treatment being
124		-	13 provided to a person an individual at a state mental health
125		-	14 facility or a designated mental health facility which has been
126		-	15 specifically designated by the department for inpatient
127		-	16 treatment.
128		-	17 "(7)(9) RESPONDENT. A person An individual for which
129		-	18 whom a petition for commitment to mental health services has
130		-	19 been filed.
131		-	20 "(8)(2) DEPARTMENT. The Alabama State Department of
132		-	21 Mental Health.
133		-	22 "(9)(5) INVOLUNTARY COMMITMENT. Court-ordered mental
134		-	23 health services in either an outpatient or inpatient setting.
135		-	24 "(8) REAL AND PRESENT THREAT OF SUBSTANTIAL HARM TO
136		-	25 SELF OR OTHERS. A significant risk that an individual who is
137		-	Page 5 HB70
138		-	1 exhibiting behavior consistent with a mental illness, as a
139		-	2 result of the mental illness, will do either of the following:
140		-	3 "a. By action or inaction, cause, allow, or inflict
141		-	4 serious bodily harm upon himself, herself, or another
142		-	5 individual.
143		-	6 "b. Be unable to satisfy his or her need for
144		-	7 nourishment, medical care, shelter, or self-protection so that
145		-	8 there is a substantial likelihood of death, serious bodily
146		-	9 harm, serious physical debilitation, serious mental
147		-	10 debilitation, or life-threatening disease.
148		-	11 "§22-52-10.2.
149		-	12 "(a) A respondent may be committed to outpatient
150		-	13 treatment if the probate court finds, based upon clear and
151		-	14 convincing evidence, all of the following:
152		-	15 "(1) The respondent is mentally ill has a mental
153		-	16 illness.
154		-	17 "(2) As a result of the mental illness, the
155		-	18 respondent will, if not treated, continue to will suffer
156		-	19 mental distress and will continue to experience deterioration
157		-	20 of the ability to function independently.
158		-	21 "(3) The respondent is unable to maintain consistent
159		-	22 engagement with outpatient treatment on a voluntary basis, as
160		-	23 demonstrated by either of the following:
161		-	24 "a. The respondent's actions occurring within the
162		-	25 two-year period immediately preceding the hearing.
163		-	Page 6 HB70
164		-	1 "b. Specific aspects of the respondent's clinical
165		-	2 condition that significantly impair the respondent's ability
166		-	3 to consistently make a rational and informed decision
167		-	4 decisions as to whether or not to participate in treatment for
168		-	5 mental illness would be desirable.
169		-	6 "(b) Upon a recommendation made by the designated
170		-	7 mental health facility currently providing outpatient
171		-	8 treatment that the respondent's outpatient commitment order
172		-	9 should be renewed, a probate court may enter an order to renew
173		-	10 the commitment order upon the expiration of time allotted for
174		-	11 treatment by the original outpatient treatment order if the
175		-	12 probate court finds, based upon clear and convincing evidence,
176		-	13 all of the following:
177		-	14 "(1) The respondent is mentally ill has a mental
178		-	15 illness.
179		-	16 "(2) As a result of the mental illness, the
180		-	17 respondent will, if treatment is not continued, continue to
181		-	18 will suffer mental distress and will continue to experience
182		-	19 deterioration of the ability to function independently.
183		-	20 "(3) The respondent is remains unable to
184		-	21 independently make a rational and informed decision as to
185		-	22 whether or not he or she needs treatment for mental illness
186		-	23 maintain consistent engagement with outpatient treatment on a
187		-	24 voluntary basis.
188		-	25 "§22-52-10.4.
189		-	Page 7 HB70
190		-	1 "(a) A respondent may be committed to inpatient
191		-	2 treatment if the probate court finds, based upon clear and
192		-	3 convincing evidence, that all of the following are true:
193		-	4 "(i) the (1) The respondent is mentally ill; has a
194		-	5 mental illness.
195		-	6 "(ii) as (2) As a result of the mental illness, the
196		-	7 respondent poses a real and present threat of substantial harm
197		-	8 to self and/or or others;.
198		-	9 "(iii) the (3) The respondent will, if not treated,
199		-	10 will continue to suffer mental distress and will continue to
200		-	11 experience deterioration of the ability to function
201		-	12 independently; and.
202		-	13 "(iv) the (4) The respondent is unable to make a
203		-	14 rational and informed decision as to whether or not treatment
204		-	15 for mental illness would be desirable.
205		-	16 "(b) If the probate judge finds that no treatment is
206		-	17 presently available for the respondent's mental illness, but
207		-	18 that confinement is necessary to prevent the respondent from
208		-	19 causing substantial harm to himself or herself or to others,
209		-	20 the order committing the respondent shall provide that, should
210		-	21 treatment for the respondent's mental illness become available
211		-	22 at any time during the period of the respondent's confinement,
212		-	23 such that treatment shall be made available to him or her
213		-	24 immediately.
214		-	Page 8 HB70
215		-	1 "(c) In determining whether an individual poses a
216		-	2 real and present threat of substantial harm to self or others,
217		-	3 all available relevant information shall be considered,
218		-	4 including any known relevant aspects of the individual's
219		-	5 psychosocial, medical, and psychiatric history, in addition to
220		-	6 the individual's current behavior.
221		-	7 "§22-52-91.
222		-	8 "(a)(1) When a law enforcement officer is confronted
223		-	9 by circumstances and has that give the law enforcement officer
224		-	10 reasonable cause for believing that a person an individual
225		-	11 within the county is mentally ill has a mental illness and
226		-	12 also believes that the person individual is likely to be of
227		-	13 immediate danger pose a real and present threat of substantial
228		-	14 harm to self or others, the law enforcement officer shall
229		-	15 contact a community mental health officer. The community
230		-	16 mental health officer shall join the law enforcement officer
231		-	17 at the scene and location of the person individual to assess
232		-	18 conditions the condition of the individual and determine if
233		-	19 whether the person individual needs the attention, specialized
234		-	20 care, and services of a designated mental health facility.
235		-	21 "(2) If the community mental health officer
236		-	22 determines from the conditions, symptoms, and behavior that
237		-	23 the person individual appears to be mentally ill have a mental
238		-	24 illness and poses an immediate danger a real and present
239		-	25 threat of substantial harm to self or others, the law
240		-	Page 9 HB70
241		-	1 enforcement officer shall take the person individual into
242		-	2 custody and, together with the community mental health
243		-	3 officer, deliver the person individual directly to the
244		-	4 designated mental health facility.
245		-	5 "(3) At the designated mental health facility, a
246		-	6 responsible employee of the facility who is on duty and in
247		-	7 charge of admissions to the facility shall be informed by the
248		-	8 community mental health officer that the person individual in
249		-	9 custody appears to be mentally ill have a mental illness and
250		-	10 is in need of examination and observation.
251		-	11 "(4) In determining whether an individual poses a
252		-	12 real and present threat of substantial harm to self or others,
253		-	13 all available relevant information shall be considered,
254		-	14 including any known relevant aspects of the individual's
255		-	15 psychosocial, medical, and psychiatric history, in addition to
256		-	16 the individual's current behavior.
257		-	17 "(b)(1) The employee of the designated mental health
258		-	18 facility shall immediately notify an appropriate staff member
259		-	19 of the facility who conducts diagnoses and evaluations that an
260		-	20 alleged mentally ill person individual alleged to have a
261		-	21 mental illness has been received at the facility. The staff
262		-	22 member shall immediately perform an initial examination and
263		-	23 observation which, coupled with, and using whatever other
264		-	24 information concerning the person's individual's behavior as
265		-	25 may be available, will allow the staff member to make a
266		-	Page 10 HB70
267		-	1 determination as to whether to admit the person individual to
268		-	2 the designated mental health facility as a tentatively
269		-	3 diagnosed mentally ill patient tentatively diagnosed with a
270		-	4 mental illness for further observation and attention.
271		-	5 "(2) Notwithstanding anything in this article to the
272		-	6 contrary, before any person individual is admitted to a
273		-	7 licensed hospital pursuant to this article, the person
274		-	8 individual shall be examined and evaluated by a psychiatrist
275		-	9 or other physician licensed to practice medicine and
276		-	10 authorized by the hospital medical staff bylaws of the
277		-	11 licensed hospital to admit patients for the treatment of
278		-	12 mental or emotional illnesses. All admissions to a licensed
279		-	13 hospital authorized under this article shall be made only in
280		-	14 conformity with established policies, procedures, and the
281		-	15 medical staff bylaws of the licensed hospital to which the
282		-	16 person individual is admitted. No provision of this This
283		-	17 article shall not be construed to authorize or permit any
284		-	18 person individual not licensed to practice medicine to perform
285		-	19 any act or render any service which that constitutes the
286		-	20 practice of medicine.
287		-	21 "(c) Upon a determination by the staff member that
288		-	22 the person individual does not require admission to the
289		-	23 designated mental health facility, the staff member shall so
290		-	24 advise the community mental health officer. The community
291		-	25 mental health officer shall promptly communicate this
292		-	Page 11 HB70
293		-	1 information to the law enforcement officer who shall cause the
294		-	2 person individual to be released from the designated mental
295		-	3 health facility. The law enforcement officer shall then
296		-	4 release the person individual unless the law enforcement
297		-	5 officer has some legal cause for detaining the person
298		-	6 individual other than the person's individual's mental
299		-	7 condition. After the person individual is released, and, if so
300		-	8 requested by the person individual, the law enforcement
301		-	9 officer shall deliver the person individual to the person's
302		-	10 his or her residence or other place of abode if it is within
303		-	11 the county.
304		-	12 "(d) Upon a determination by the staff member that
305		-	13 the alleged mentally ill person individual alleged to have a
306		-	14 mental illness should be admitted to the designated mental
307		-	15 health facility, the staff member shall proceed with admission
308		-	16 of the person individual to the facility. The staff member
309		-	17 shall also advise the community mental health officer who
310		-	18 shall promptly communicate this information to the law
311		-	19 enforcement officer. The community mental health officer shall
312		-	20 effectuate the filing of a petition for commitment with the
313		-	21 probate court on the person individual by parties in interest.
314		-	22 If no one comes forward to timely file the petition is not
315		-	23 timely filed, the community mental health officer shall file
316		-	24 the petition in his or her official capacity no later than the
317		-	25 second business day following the date of admission.
318		-	Page 12 HB70
319		-	1 "(e) No later than the next business day following
320		-	2 the date of admission, the staff member shall notify the judge
321		-	3 of probate, or the probate clerk of the county, of the
322		-	4 admission to the designated mental health facility of the
323		-	5 alleged mentally ill person individual alleged to have a
324		-	6 mental illness. The judge of probate or the probate clerk
325		-	7 shall arrange hold a probable cause hearing to determine if
326		-	8 the detention of the alleged mentally ill person individual is
327		-	9 based upon probable cause to believe that confinement is
328		-	10 necessary under constitutionally proper standards for
329		-	11 commitment or alternate modes of treatment and if to determine
330		-	12 whether the detention should continue until a final hearing on
331		-	13 the merits can be held. In the case where a community mental
332		-	14 health officer has acted in helping gain the admission of the
333		-	15 alleged mentally ill person individual to a designated mental
334		-	16 health facility for initial examination and observation, the
335		-	17 judge of probate shall interview the alleged mentally ill
336		-	18 person individual pursuant to this section no later than the
337		-	19 fifth business day next after admission to the designated
338		-	20 mental health facility or hospital.
339		-	21 "(f)(1) Prior to the probable cause hearing the
340		-	22 probate court shall furnish adequate notice informing the
341		-	23 person individual, or his or her counsel, of the time and
342		-	24 place of the hearing and of, the factual grounds upon which
343		-	25 the proposed commitment is predicated, and the reasons for the
344		-	Page 13 HB70
345		-	1 necessity of confinement. The probate court shall require that
346		-	2 the alleged mentally ill person individual be represented by
347		-	3 counsel at the hearing, which counsel shall be appointed by
348		-	4 the court if necessary. The probate court shall require the
349		-	5 presence of the alleged mentally ill person individual at the
350		-	6 hearing unless his or her presence is waived by counsel and
351		-	7 approved by the court after an adversary hearing at the
352		-	8 conclusion of which the court judicially finds and determines
353		-	9 that the person individual is so mentally or physically ill as
354		-	10 to be incapable of attending the probable cause hearing. In no
355		-	11 event may detention in the absence of a petition for
356		-	12 commitment and a probable cause hearing exceed seven days from
357		-	13 the date of the initial confinement under this article.
358		-	14 "(2) If the court finds and determines that there is
359		-	15 no probable cause to detain the person individual, the court
360		-	16 shall immediately cause the person individual to be discharged
361		-	17 and released from the designated mental health facility.
362		-	18 Notwithstanding the foregoing, if criminal charges have been
363		-	19 placed against the individual and the health care facility has
364		-	20 been so notified by an appropriate law enforcement officer,
365		-	21 the designated mental health facility shall release the person
366		-	22 individual into the custody of the appropriate law enforcement
367		-	23 officer.
368		-	24 "(g) If the court determines there is probable cause
369		-	25 to detain the person individual pending a full hearing on the
370		-	Page 14 HB70
371		-	1 need for commitment or some alternate mode of treatment, the
372		-	2 court shall issue a mittimus or commitment of the person
373		-	3 individual to the designated mental health facility until the
374		-	4 proceedings may be held in accordance with law.
375		-	5 Notwithstanding the foregoing, the proceedings shall be held
376		-	6 within a reasonable time following initial detention, but in
377		-	7 no event sooner than will permit adequate preparation of the
378		-	8 case by counsel, or later than 30 days from the date of the
379		-	9 initial detention."
380		-	10 Section 2. Section 22-52-10.11 is added to Article 1
381		-	11 of Chapter 52 of Subtitle 2 of Title 22 of the Code of Alabama
382		-	12 1975, to read as follows:
383		-	13 §22-52-10.11.
384		-	14 (a) The director of a state mental health facility
385		-	15 or designated mental health facility to which a respondent is
386		-	16 currently committed for inpatient treatment, not later than 30
387		-	17 days prior to the expiration of the current commitment order,
388		-	18 shall assess the appropriateness of transferring the
389		-	19 respondent to outpatient treatment as the least restrictive
390		-	20 alternative necessary and available for the treatment of the
391		-	21 respondent's mental illness. The director may recommend to the
392		-	22 probate court in writing that the order be modified to commit
393		-	23 the respondent to outpatient treatment.
394		-	24 (b) A recommendation under subsection (a) shall do
395		-	25 both of the following:
396		-	Page 15 HB70
397		-	1 (1) State the grounds for the director's
398		-	2 determination that outpatient treatment is the least
399		-	3 restrictive alternative necessary and available for the
400		-	4 treatment of the respondent's mental illness.
401		-	5 (2) Identify the designated mental health facility
402		-	6 to which the director recommends that the respondent be
403		-	7 committed for outpatient treatment.
404		-	8 (c) Notice of the recommendation under subsection
405		-	9 (a) shall be provided to both of the following:
406		-	10 (1) The respondent.
407		-	11 (2) The director of the designated mental health
408		-	12 facility identified under subsection (b), unless the director
409		-	13 is the individual making the recommendation.
410		-	14 (d) Upon request of the respondent or any other
411		-	15 interested party, the probate court shall hold a hearing on
412		-	16 the recommendation. The probate court shall appoint an
413		-	17 attorney to represent the respondent at the hearing. The
414		-	18 hearing shall be conducted in accordance with Section 22-52-9.
415		-	19 (e) If a hearing is not requested, the court may
416		-	20 make a decision regarding the facility director's
417		-	21 recommendation based upon both of the following:
418		-	22 (1) The grounds stated in the recommendation.
419		-	23 (2) Consultation with the director of the designated
420		-	24 mental health facility, or his or her designee, concerning the
421		-	Page 16 HB70
422		-	1 availability of resources to treat the respondent as an
423		-	2 outpatient.
424		-	3 (f) If the court modifies the order, the modified
425		-	4 order shall conform to all requirements of an original
426		-	5 commitment to outpatient treatment under Section 22-52-10.3,
427		-	6 except that the modified order may not extend beyond the term
428		-	7 of the original order by more than 60 days.
429		-	8 Section 3. This act shall become effective on the
430		-	9 first day of the third month following its passage and
431		-	10 approval by the Governor, or its otherwise becoming law.
432		-	Page 17 HB70
433		-	1
	88	+	26 his or her release subject to those conditions necessary to
	89	+	Page 3 1 prevent the defendant from posing a real and present threat of
	90	+	2 substantial harm to himself or herself or to others.
	91	+	3 "(b) In determining whether the defendant poses a
	92	+	4 real and present threat of substantial harm to self or others,
	93	+	5 the court shall consider all available relevant information,
	94	+	6 including any known relevant aspects of the defendant's
	95	+	7 psychosocial, medical, and psychiatric history, in addition to
	96	+	8 the defendant's current behavior.
	97	+	9 "§22-52-1.1.
	98	+	10 "When used in this article, the following terms
	99	+	11 shall have the following meanings, respectively, unless the
	100	+	12 context clearly indicates otherwise:
	101	+	13 "(1)(6) MENTAL ILLNESS. A psychiatric disorder of
	102	+	14 thought and/or or mood which significantly impairs judgment,
	103	+	15 behavior, capacity to recognize reality, or ability to cope
	104	+	16 with the ordinary demands of life. Mental illness, as used
	105	+	17 herein, The term specifically excludes the primary diagnosis
	106	+	18 of epilepsy, mental retardation an intellectual disability,
	107	+	19 substance abuse, including alcoholism, or a developmental
	108	+	20 disability.
	109	+	21 "(2)(10) STATE MENTAL HEALTH FACILITY. A mental
	110	+	22 health facility operated by the Alabama State Department of
	111	+	23 Mental Health.
	112	+	24 "(3) DESIGNATED MENTAL HEALTH FACILITY. A mental
	113	+	25 health facility, other than a state mental health facility,
	114	+	26 which is designated by the State Department of Mental Health
	115	+	27 to receive persons individuals for evaluation, examination,
	116	+	Page 4 1 admission, detention, or treatment pursuant to the provisions
	117	+	2 of this article.
	118	+	3 "(4)(1) COMMISSIONER. The Commissioner of the
	119	+	4 Alabama State Department of Mental Health.
	120	+	5 "(5)(7) OUTPATIENT TREATMENT. Treatment being
	121	+	6 provided to a person an individual in a nonresidential setting
	122	+	7 and who is not admitted for 24-hour-a-day care.
	123	+	8 "(6)(4) INPATIENT TREATMENT. Treatment being
	124	+	9 provided to a person an individual at a state mental health
	125	+	10 facility or a designated mental health facility which has been
	126	+	11 specifically designated by the department for inpatient
	127	+	12 treatment.
	128	+	13 "(7)(9) RESPONDENT. A person An individual for which
	129	+	14 whom a petition for commitment to mental health services has
	130	+	15 been filed.
	131	+	16 "(8)(2) DEPARTMENT. The Alabama State Department of
	132	+	17 Mental Health.
	133	+	18 "(9)(5) INVOLUNTARY COMMITMENT. Court-ordered mental
	134	+	19 health services in either an outpatient or inpatient setting.
	135	+	20 "(8) REAL AND PRESENT THREAT OF SUBSTANTIAL HARM TO
	136	+	21 SELF OR OTHERS. A significant risk that an individual who is
	137	+	22 exhibiting behavior consistent with a mental illness, as a
	138	+	23 result of the mental illness, will do either of the following:
	139	+	24 "a. By action or inaction, cause, allow, or inflict
	140	+	25 serious bodily harm upon himself, herself, or another
	141	+	26 individual.
	142	+	Page 5 1 "b. Be unable to satisfy his or her need for
	143	+	2 nourishment, medical care, shelter, or self-protection so that
	144	+	3 there is a substantial likelihood of death, serious bodily
	145	+	4 harm, serious physical debilitation, serious mental
	146	+	5 debilitation, or life-threatening disease.
	147	+	6 "§22-52-10.2.
	148	+	7 "(a) A respondent may be committed to outpatient
	149	+	8 treatment if the probate court finds, based upon clear and
	150	+	9 convincing evidence, all of the following:
	151	+	10 "(1) The respondent is mentally ill has a mental
	152	+	11 illness.
	153	+	12 "(2) As a result of the mental illness, the
	154	+	13 respondent will, if not treated, continue to will suffer
	155	+	14 mental distress and will continue to experience deterioration
	156	+	15 of the ability to function independently.
	157	+	16 "(3) The respondent is unable to maintain consistent
	158	+	17 engagement with outpatient treatment on a voluntary basis, as
	159	+	18 demonstrated by either of the following:
	160	+	19 "a. The respondent's actions occurring within the
	161	+	20 two-year period immediately preceding the hearing.
	162	+	21 "b. Specific aspects of the respondent's clinical
	163	+	22 condition that significantly impair the respondent's ability
	164	+	23 to consistently make a rational and informed decision
	165	+	24 decisions as to whether or not to participate in treatment for
	166	+	25 mental illness would be desirable.
	167	+	26 "(b) Upon a recommendation made by the designated
	168	+	27 mental health facility currently providing outpatient
	169	+	Page 6 1 treatment that the respondent's outpatient commitment order
	170	+	2 should be renewed, a probate court may enter an order to renew
	171	+	3 the commitment order upon the expiration of time allotted for
	172	+	4 treatment by the original outpatient treatment order if the
	173	+	5 probate court finds, based upon clear and convincing evidence,
	174	+	6 all of the following:
	175	+	7 "(1) The respondent is mentally ill has a mental
	176	+	8 illness.
	177	+	9 "(2) As a result of the mental illness, the
	178	+	10 respondent will, if treatment is not continued, continue to
	179	+	11 will suffer mental distress and will continue to experience
	180	+	12 deterioration of the ability to function independently.
	181	+	13 "(3) The respondent is remains unable to
	182	+	14 independently make a rational and informed decision as to
	183	+	15 whether or not he or she needs treatment for mental illness
	184	+	16 maintain consistent engagement with outpatient treatment on a
	185	+	17 voluntary basis.
	186	+	18 "§22-52-10.4.
	187	+	19 "(a) A respondent may be committed to inpatient
	188	+	20 treatment if the probate court finds, based upon clear and
	189	+	21 convincing evidence, that all of the following are true:
	190	+	22 "(i) the (1) The respondent is mentally ill; has a
	191	+	23 mental illness.
	192	+	24 "(ii) as (2) As a result of the mental illness, the
	193	+	25 respondent poses a real and present threat of substantial harm
	194	+	26 to self and/or or others;.
	195	+	Page 7 1 "(iii) the (3) The respondent will, if not treated,
	196	+	2 will continue to suffer mental distress and will continue to
	197	+	3 experience deterioration of the ability to function
	198	+	4 independently; and.
	199	+	5 "(iv) the (4) The respondent is unable to make a
	200	+	6 rational and informed decision as to whether or not treatment
	201	+	7 for mental illness would be desirable.
	202	+	8 "(b) If the probate judge finds that no treatment is
	203	+	9 presently available for the respondent's mental illness, but
	204	+	10 that confinement is necessary to prevent the respondent from
	205	+	11 causing substantial harm to himself or herself or to others,
	206	+	12 the order committing the respondent shall provide that, should
	207	+	13 treatment for the respondent's mental illness become available
	208	+	14 at any time during the period of the respondent's confinement,
	209	+	15 such that treatment shall be made available to him or her
	210	+	16 immediately.
	211	+	17 "(c) In determining whether an individual poses a
	212	+	18 real and present threat of substantial harm to self or others,
	213	+	19 all available relevant information shall be considered,
	214	+	20 including any known relevant aspects of the individual's
	215	+	21 psychosocial, medical, and psychiatric history, in addition to
	216	+	22 the individual's current behavior.
	217	+	23 "§22-52-91.
	218	+	24 "(a)(1) When a law enforcement officer is confronted
	219	+	25 by circumstances and has that give the law enforcement officer
	220	+	26 reasonable cause for believing that a person an individual
	221	+	27 within the county is mentally ill has a mental illness and
	222	+	Page 8 1 also believes that the person individual is likely to be of
	223	+	2 immediate danger pose a real and present threat of substantial
	224	+	3 harm to self or others, the law enforcement officer shall
	225	+	4 contact a community mental health officer. The community
	226	+	5 mental health officer shall join the law enforcement officer
	227	+	6 at the scene and location of the person individual to assess
	228	+	7 conditions the condition of the individual and determine if
	229	+	8 whether the person individual needs the attention, specialized
	230	+	9 care, and services of a designated mental health facility.
	231	+	10 "(2) If the community mental health officer
	232	+	11 determines from the conditions, symptoms, and behavior that
	233	+	12 the person individual appears to be mentally ill have a mental
	234	+	13 illness and poses an immediate danger a real and present
	235	+	14 threat of substantial harm to self or others, the law
	236	+	15 enforcement officer shall take the person individual into
	237	+	16 custody and, together with the community mental health
	238	+	17 officer, deliver the person individual directly to the
	239	+	18 designated mental health facility.
	240	+	19 "(3) At the designated mental health facility, a
	241	+	20 responsible employee of the facility who is on duty and in
	242	+	21 charge of admissions to the facility shall be informed by the
	243	+	22 community mental health officer that the person individual in
	244	+	23 custody appears to be mentally ill have a mental illness and
	245	+	24 is in need of examination and observation.
	246	+	25 "(4) In determining whether an individual poses a
	247	+	26 real and present threat of substantial harm to self or others,
	248	+	27 all available relevant information shall be considered,
	249	+	Page 9 1 including any known relevant aspects of the individual's
	250	+	2 psychosocial, medical, and psychiatric history, in addition to
	251	+	3 the individual's current behavior.
	252	+	4 "(b)(1) The employee of the designated mental health
	253	+	5 facility shall immediately notify an appropriate staff member
	254	+	6 of the facility who conducts diagnoses and evaluations that an
	255	+	7 alleged mentally ill person individual alleged to have a
	256	+	8 mental illness has been received at the facility. The staff
	257	+	9 member shall immediately perform an initial examination and
	258	+	10 observation which, coupled with, and using whatever other
	259	+	11 information concerning the person's individual's behavior as
	260	+	12 may be available, will allow the staff member to make a
	261	+	13 determination as to whether to admit the person individual to
	262	+	14 the designated mental health facility as a tentatively
	263	+	15 diagnosed mentally ill patient tentatively diagnosed with a
	264	+	16 mental illness for further observation and attention.
	265	+	17 "(2) Notwithstanding anything in this article to the
	266	+	18 contrary, before any person individual is admitted to a
	267	+	19 licensed hospital pursuant to this article, the person
	268	+	20 individual shall be examined and evaluated by a psychiatrist
	269	+	21 or other physician licensed to practice medicine and
	270	+	22 authorized by the hospital medical staff bylaws of the
	271	+	23 licensed hospital to admit patients for the treatment of
	272	+	24 mental or emotional illnesses. All admissions to a licensed
	273	+	25 hospital authorized under this article shall be made only in
	274	+	26 conformity with established policies, procedures, and the
	275	+	27 medical staff bylaws of the licensed hospital to which the
	276	+	Page 10 1 person individual is admitted. No provision of this This
	277	+	2 article shall not be construed to authorize or permit any
	278	+	3 person individual not licensed to practice medicine to perform
	279	+	4 any act or render any service which that constitutes the
	280	+	5 practice of medicine.
	281	+	6 "(c) Upon a determination by the staff member that
	282	+	7 the person individual does not require admission to the
	283	+	8 designated mental health facility, the staff member shall so
	284	+	9 advise the community mental health officer. The community
	285	+	10 mental health officer shall promptly communicate this
	286	+	11 information to the law enforcement officer who shall cause the
	287	+	12 person individual to be released from the designated mental
	288	+	13 health facility. The law enforcement officer shall then
	289	+	14 release the person individual unless the law enforcement
	290	+	15 officer has some legal cause for detaining the person
	291	+	16 individual other than the person's individual's mental
	292	+	17 condition. After the person individual is released, and, if so
	293	+	18 requested by the person individual, the law enforcement
	294	+	19 officer shall deliver the person individual to the person's
	295	+	20 his or her residence or other place of abode if it is within
	296	+	21 the county.
	297	+	22 "(d) Upon a determination by the staff member that
	298	+	23 the alleged mentally ill person individual alleged to have a
	299	+	24 mental illness should be admitted to the designated mental
	300	+	25 health facility, the staff member shall proceed with admission
	301	+	26 of the person individual to the facility. The staff member
	302	+	27 shall also advise the community mental health officer who
	303	+	Page 11 1 shall promptly communicate this information to the law
	304	+	2 enforcement officer. The community mental health officer shall
	305	+	3 effectuate the filing of a petition for commitment with the
	306	+	4 probate court on the person individual by parties in interest.
	307	+	5 If no one comes forward to timely file the petition is not
	308	+	6 timely filed, the community mental health officer shall file
	309	+	7 the petition in his or her official capacity no later than the
	310	+	8 second business day following the date of admission.
	311	+	9 "(e) No later than the next business day following
	312	+	10 the date of admission, the staff member shall notify the judge
	313	+	11 of probate, or the probate clerk of the county, of the
	314	+	12 admission to the designated mental health facility of the
	315	+	13 alleged mentally ill person individual alleged to have a
	316	+	14 mental illness. The judge of probate or the probate clerk
	317	+	15 shall arrange hold a probable cause hearing to determine if
	318	+	16 the detention of the alleged mentally ill person individual is
	319	+	17 based upon probable cause to believe that confinement is
	320	+	18 necessary under constitutionally proper standards for
	321	+	19 commitment or alternate modes of treatment and if to determine
	322	+	20 whether the detention should continue until a final hearing on
	323	+	21 the merits can be held. In the case where a community mental
	324	+	22 health officer has acted in helping gain the admission of the
	325	+	23 alleged mentally ill person individual to a designated mental
	326	+	24 health facility for initial examination and observation, the
	327	+	25 judge of probate shall interview the alleged mentally ill
	328	+	26 person individual pursuant to this section no later than the
	329	+	Page 12 1 fifth business day next after admission to the designated
	330	+	2 mental health facility or hospital.
	331	+	3 "(f)(1) Prior to the probable cause hearing the
	332	+	4 probate court shall furnish adequate notice informing the
	333	+	5 person individual, or his or her counsel, of the time and
	334	+	6 place of the hearing and of, the factual grounds upon which
	335	+	7 the proposed commitment is predicated, and the reasons for the
	336	+	8 necessity of confinement. The probate court shall require that
	337	+	9 the alleged mentally ill person individual be represented by
	338	+	10 counsel at the hearing, which counsel shall be appointed by
	339	+	11 the court if necessary. The probate court shall require the
	340	+	12 presence of the alleged mentally ill person individual at the
	341	+	13 hearing unless his or her presence is waived by counsel and
	342	+	14 approved by the court after an adversary hearing at the
	343	+	15 conclusion of which the court judicially finds and determines
	344	+	16 that the person individual is so mentally or physically ill as
	345	+	17 to be incapable of attending the probable cause hearing. In no
	346	+	18 event may detention in the absence of a petition for
	347	+	19 commitment and a probable cause hearing exceed seven days from
	348	+	20 the date of the initial confinement under this article.
	349	+	21 "(2) If the court finds and determines that there is
	350	+	22 no probable cause to detain the person individual, the court
	351	+	23 shall immediately cause the person individual to be discharged
	352	+	24 and released from the designated mental health facility.
	353	+	25 Notwithstanding the foregoing, if criminal charges have been
	354	+	26 placed against the individual and the health care facility has
	355	+	27 been so notified by an appropriate law enforcement officer,
	356	+	Page 13 1 the designated mental health facility shall release the person
	357	+	2 individual into the custody of the appropriate law enforcement
	358	+	3 officer.
	359	+	4 "(g) If the court determines there is probable cause
	360	+	5 to detain the person individual pending a full hearing on the
	361	+	6 need for commitment or some alternate mode of treatment, the
	362	+	7 court shall issue a mittimus or commitment of the person
	363	+	8 individual to the designated mental health facility until the
	364	+	9 proceedings may be held in accordance with law.
	365	+	10 Notwithstanding the foregoing, the proceedings shall be held
	366	+	11 within a reasonable time following initial detention, but in
	367	+	12 no event sooner than will permit adequate preparation of the
	368	+	13 case by counsel, or later than 30 days from the date of the
	369	+	14 initial detention."
	370	+	15 Section 2. Section 22-52-10.11 is added to Article 1
	371	+	16 of Chapter 52 of Subtitle 2 of Title 22 of the Code of Alabama
	372	+	17 1975, to read as follows:
	373	+	18 §22-52-10.11.
	374	+	19 (a) The director of a state mental health facility
	375	+	20 or designated mental health facility to which a respondent is
	376	+	21 currently committed for inpatient treatment, not later than 30
	377	+	22 days prior to the expiration of the current commitment order,
	378	+	23 shall assess the appropriateness of transferring the
	379	+	24 respondent to outpatient treatment as the least restrictive
	380	+	25 alternative necessary and available for the treatment of the
	381	+	26 respondent's mental illness. The director may recommend to the
	382	+	Page 14 1 probate court in writing that the order be modified to commit
	383	+	2 the respondent to outpatient treatment.
	384	+	3 (b) A recommendation under subsection (a) shall do
	385	+	4 both of the following:
	386	+	5 (1) State the grounds for the director's
	387	+	6 determination that outpatient treatment is the least
	388	+	7 restrictive alternative necessary and available for the
	389	+	8 treatment of the respondent's mental illness.
	390	+	9 (2) Identify the designated mental health facility
	391	+	10 to which the director recommends that the respondent be
	392	+	11 committed for outpatient treatment.
	393	+	12 (c) Notice of the recommendation under subsection
	394	+	13 (a) shall be provided to both of the following:
	395	+	14 (1) The respondent.
	396	+	15 (2) The director of the designated mental health
	397	+	16 facility identified under subsection (b), unless the director
	398	+	17 is the individual making the recommendation.
	399	+	18 (d) Upon request of the respondent or any other
	400	+	19 interested party, the probate court shall hold a hearing on
	401	+	20 the recommendation. The probate court shall appoint an
	402	+	21 attorney to represent the respondent at the hearing. The
	403	+	22 hearing shall be conducted in accordance with Section 22-52-9.
	404	+	23 (e) If a hearing is not requested, the court may
	405	+	24 make a decision regarding the facility director's
	406	+	25 recommendation based upon both of the following:
	407	+	26 (1) The grounds stated in the recommendation.
	408	+	Page 15 1 (2) Consultation with the director of the designated
	409	+	2 mental health facility, or his or her designee, concerning the
	410	+	3 availability of resources to treat the respondent as an
	411	+	4 outpatient.
	412	+	5 (f) If the court modifies the order, the modified
	413	+	6 order shall conform to all requirements of an original
	414	+	7 commitment to outpatient treatment under Section 22-52-10.3,
	415	+	8 except that the modified order may not extend beyond the term
	416	+	9 of the original order by more than 60 days.
	417	+	10 Section 3. This act shall become effective on the
	418	+	11 first day of the third month following its passage and
	419	+	12 approval by the Governor, or its otherwise becoming law.
	420	+	Page 16 1
434	421		2
435		-	3
436		-	4
437		-	Speaker of the House of Representatives
438		-
439		-	5
440		-	6 President and Presiding Officer of the Senate
441		-	House of Representatives7
442		-	I hereby certify that the within Act originated in8
443		-	9 and was passed by the House 09-FEB-22, as amended.
	422	+	House of Representatives3
	423	+	Read for the first time and re-4
	424	+	5 ferred to the House of Representa-
	425	+	tives committee on Judiciary ......6 .......11-JAN-22
	426	+	7
	427	+	Read for the second time and placed8
	428	+	on the calendar....................9 .......02-FEB-22
444	429		10
445		-	11 ~~Jeff Woodard~~
446		-	12 ~~Clerk~~
447		-	13
	430	+	Read for the third time and passed11
	431	+	as amended.........................12 .......09-FEB-22
	432	+	Yeas 101, Nays 0, Abstains 013
448	433		14
449		-	15
450		-	~~Senate16~~ ~~17-MAR-22 Passed~~
	434	+	15 Jeff Woodard
	435	+	16 Clerk
451	436		17
452		-	Page 18
	437	+	Page 17