AL
Alabama House Bill HB359

Alabama 2024 Regular Session

Alabama House Bill HB359 Compare Versions

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1+HB359INTRODUCED
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33 HB359
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55 By Representatives Bedsole, Ledbetter, Reynolds, Simpson,
66 Almond, Treadaway, Pettus
77 RFD: Judiciary
88 First Read: 21-Mar-24
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14-6 HB359 Engrossed
14+6 5NHJMM6-1 03/20/2024 TRP (L)tgw 2024-1241
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1616 First Read: 21-Mar-24
17-A BILL
18-TO BE ENTITLED
19-AN ACT
20-Relating to the Alabama Department of Mental Health; to
21-amend Sections 22-52-1.1, 22-52-1.2, 22-52-3, 22-52-7,
22-22-52-10.1, as last amended by Act 2023-472 of the 2023
23-Regular Session, 22-52-10.2, 22-52-10.4, 22-52-10.11, and
24-22-52-11 of the Code of Alabama 1975; to authorize a judge of
25-probate to involuntarily commit an individual who suffers from
26-a substance use disorder that occurs secondarily to a primary
27-diagnosis of one or more mental illnesses; to provide for a
28-change in jurisdiction of the sheriff who is required to serve
29-the commitment petition on the respondent; to authorize the
30-judge of probate to establish a procedure for placing
31-limitations on the respondent's liberty, if any, pending a
32-final hearing; to allow the judge of probate to determine the
33-appropriate medical evaluation process, if any, for the
34-respondent prior to final hearing; and to add Section 15-16-26
35-to the Code of Alabama 1975, to provide a process for the
36-committing judge of probate to seek relief for the respondent
37-from temporary criminal confinement, under certain
38-circumstances, to fulfill a pending commitment order; and to
39-provide that mental health providers are not required to
17+SYNOPSIS:
18+Under existing law an individual may petition
19+the probate court to seek the involuntarily commitment
20+of another individual to the custody of the Alabama
21+Department of Mental Health for inpatient or outpatient
22+treatment of a mental illness upon a finding that clear
23+and convincing evidence establishes commitment
24+criteria.
25+This bill would provide for the commitment of
26+respondents who meet the criteria for involuntary
27+commitment to the custody of the Alabama Department of
28+Mental Health to include individuals suffering from a
29+substance use disorder that occurs secondarily to a
30+primary diagnosis of one or more mental illnesses.
31+This bill would require the judge of probate,
32+upon review of the petition, to order the sheriff, in
33+the county where the respondent was previously located
34+when the original petition was filed, to serve on the
35+respondent a copy of the petition seeking involuntary
36+commitment and give notice of the hearing.
37+This bill would provide that when the petitioner
38+is seeking limitations on the respondent's liberty
39+pending a final hearing on the merits, and the judge of
40+probate determines limitations on the respondent's
41+liberty is necessary to prevent respondent from posing
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69-provide that mental health providers are not required to
70-expand existing services unless its currently available funds
71-support the expansion.
72-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
73-Section 1. Sections 22-52-1.1, 22-52-1.2, 22-52-3,
74-22-52-7, 22-52-10.1, as last amended by Act 2023-472, of the
75-2023 Regular Session, 22-52-10.2, 22-52-10.4, 22-52-10.11 and
76-22-52-11, Code of Alabama 1975, are amended to read as
77-follows:
78-"§22-52-1.1
79-(a) When used in this article, the following terms
80-shall have the following meanings, respectively, unless the
81-context clearly indicates otherwise:
82-(1) COMMISSIONER. The Commissioner of the Alabama State
83-Department of Mental Health.
84-(2) CO-OCCURRING SUBSTANCE USE DISORDER. A substance
85-use disorder that occurs secondarily to a primary diagnosis of
86-one or more mental illnesses.
87-(2)(3) DEPARTMENT. The Alabama State Department of
88-Mental Health.
89-(3)(4) DESIGNATED MENTAL HEALTH FACILITY. A mental
90-health facility, other than a state mental health facility,
91-which is designated by the State Department of Mental Health
92-to receive individuals for evaluation, examination, admission,
93-detention, or treatment pursuant to this article.
94-(4)(5) INPATIENT TREATMENT. Treatment being provided to
95-an individual at a state mental health facility or a
96-designated mental health facility which has been specifically
97-designated by the department for inpatient treatment.
71+liberty is necessary to prevent respondent from posing
72+a real and present threat to self or others, the judge
73+of probate is authorized to order the sheriff in the
74+county where the respondent was located at the time of
75+initial filing, within a reasonable time, if the judge
76+of probate determines it is likely the respondent will
77+not appear or if the respondent fails to voluntarily
78+appear, to bring the respondent before the court for an
79+interview to determine whether to place limits, or
80+which ones, on the respondent's liberty.
81+This bill would authorize the judge of probate,
82+when determining whether to place limitations on the
83+respondent's liberty pending a final hearing, to
84+interview respondent and any other available
85+individual, seek an evaluation by a licensed medical
86+physician or qualified mental health provider who has
87+willingly consented to treating the respondent.
88+This bill would further provide a procedure for
89+a probate court to petition the district court or
90+municipal court to suspend criminal proceedings
91+temporarily in order for a subsequently entered
92+commitment order to be fulfilled.
93+This bill would provide that a mental health
94+provider is not required to expand existing services
95+beyond current availability of funds for the provision
96+of mental health services.
97+A BILL
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127-designated by the department for inpatient treatment.
128-(5)(6) INVOLUNTARY COMMITMENT. Court-ordered mental
129-health services in either an outpatient or inpatient setting.
130-(6)(7) MENTAL ILLNESS. A psychiatric disorder of
131-thought or mood which significantly impairs judgment,
132-behavior, capacity to recognize reality, or ability to cope
133-with the ordinary demands of life ., or a diagnosis designated
134-as a Serious Mental Illness (SMI), as defined in the then
135-current edition of the Diagnostic and Statistical Manual of
136-Mental Disorders. The term specifically excludes the primary
137-diagnosis of epilepsy , a substance use disorder , an
138-intellectual disability, substance abuse, including
139-alcoholism, or a developmental disability.
140-(7)(8) OUTPATIENT TREATMENT. Treatment being provided
141-to an individual in a nonresidential setting who is not
142-admitted for 24-hour-a-day care.
143-(8)(9) REAL AND PRESENT THREAT OF SUBSTANTIAL HARM TO
144-SELF OR OTHERS. A significant risk that an individual who is
145-exhibiting behavior consistent with a mental illness, as a
146-result of the mental illness, will do either of the following:
147-a. By action or inaction, cause, allow, or inflict
148-serious bodily harm upon himself, herself, or another
149-individual.
150-b. Be unable to satisfy his or her need for
151-nourishment, medical care, shelter, or self-protection so that
152-there is a substantial likelihood of death, serious bodily
153-harm, serious physical debilitation, serious mental
154-debilitation, or life-threatening disease.
155-(9)(10) RESPONDENT. An individual for whom a petition
127+A BILL
128+TO BE ENTITLED
129+AN ACT
130+Relating to the Alabama Department of Mental Health; to
131+amend Sections 22-52-1.1, 22-52-1.2, 22-52-3, 22-52-7,
132+22-52-10.1, as last amended by Act 2023-472 of the 2023
133+Regular Session, 22-52-10.2, 22-52-10.4, 22-52-10.11, and
134+22-52-11 of the Code of Alabama 1975; to authorize a judge of
135+probate to involuntarily commit an individual who suffers from
136+a substance use disorder that occurs secondarily to a primary
137+diagnosis of one or more mental illnesses; to provide for a
138+change in jurisdiction of the sheriff who is required to serve
139+the commitment petition on the respondent; to authorize the
140+judge of probate to establish a procedure for placing
141+limitations on the respondent's liberty, if any, pending a
142+final hearing; to allow the judge of probate to determine the
143+appropriate medical evaluation process, if any, for the
144+respondent prior to final hearing; and to add Section 15-16-26
145+to the Code of Alabama 1975, to provide a process for the
146+committing judge of probate to seek relief for the respondent
147+from temporary criminal confinement, under certain
148+circumstances, to fulfill a pending commitment order; and to
149+provide that mental health providers are not required to
150+expand existing services unless its currently available funds
151+support the expansion.
152+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
153+Section 1. Sections 22-52-1.1, 22-52-1.2, 22-52-3,
154+22-52-7, 22-52-10.1, as last amended by Act 2023-472, of the
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185-(9)(10) RESPONDENT. An individual for whom a petition
186-for commitment to mental health services has been filed.
187-(10)(11) STATE MENTAL HEALTH FACILITY. A mental health
188-facility operated by the Alabama State Department of Mental
189-Health.
190-(12) SUBSTANCE USE DISORDER. A cluster of cognitive,
191-behavioral, and physiological symptoms indicating that the
192-individual continues using a substance despite significant
193-substance-related problems, such as impaired control, social
194-impairment, risky behaviors, and pharmacological tolerance and
195-withdrawal.
196-(b) The Legislature finds for purposes of this article
197-substance use disorder is commonly associated with mental
198-illness and providers who provide these services serve a
199-public purpose."
200- "§22-52-1.2
201-(a) Any person individual may file a petition seeking
202-the involuntary commitment of another personindividual. The
203-petition shall be filed in the probate court of the county in
204-which the respondent is located. The petition shall be in
205-writing, executed under oath, and shall include the following
206-information:
207-(1) The name and address, if known, of the respondent.
208-(2) The name and address, if known, of the respondent's
209-spouse, legal counsel, or next-of-kin.
210-(3) That the petitioner has reason to believe the
211-respondent is mentally ill or is mentally ill with a secondary
212-diagnosis of co-occurring substance use disorder .
213-(4) That the beliefs of the petitioner are based on
184+22-52-7, 22-52-10.1, as last amended by Act 2023-472, of the
185+2023 Regular Session, 22-52-10.2, 22-52-10.4, 22-52-10.11 and
186+22-52-11, Code of Alabama 1975, are amended to read as
187+follows:
188+"§22-52-1.1
189+(a) When used in this article, the following terms
190+shall have the following meanings, respectively, unless the
191+context clearly indicates otherwise:
192+(1) COMMISSIONER. The Commissioner of the Alabama State
193+Department of Mental Health.
194+(2) CO-OCCURRING SUBSTANCE USE DISORDER. A substance
195+use disorder that occurs secondarily to a primary diagnosis of
196+one or more mental illnesses.
197+(2)(3) DEPARTMENT. The Alabama State Department of
198+Mental Health.
199+(3)(4) DESIGNATED MENTAL HEALTH FACILITY. A mental
200+health facility, other than a state mental health facility,
201+which is designated by the State Department of Mental Health
202+to receive individuals for evaluation, examination, admission,
203+detention, or treatment pursuant to this article.
204+(4)(5) INPATIENT TREATMENT. Treatment being provided to
205+an individual at a state mental health facility or a
206+designated mental health facility which has been specifically
207+designated by the department for inpatient treatment.
208+(5)(6) INVOLUNTARY COMMITMENT. Court-ordered mental
209+health services in either an outpatient or inpatient setting.
210+(6)(7) MENTAL ILLNESS. A psychiatric disorder of
211+thought or mood which significantly impairs judgment,
212+behavior, capacity to recognize reality, or ability to cope
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243-(4) That the beliefs of the petitioner are based on
244-specific behavior, acts, attempts, or threats, which shall be
245-specified and described in detail.
246-(5) The names and addresses of other persons
247-individuals with knowledge of the respondent's mental illness
248-or mental illness with a secondary diagnosis of co-occurring
249-substance use disorder who may be called as witnesses.
250-The petition may be accompanied by any other relevant
251-information.
252-(b) The home address and the telephone number of the
253-petitioner shall be excluded from the copy of the petition
254-seeking the involuntary commitment provided to the respondent,
255-however, if there is no other available address to contact the
256-petitioner, then the home address of the petitioner shall be
257-provided."
258-"§22-52-3
259-When any petition has been filed seeking the
260-involuntary commitment of a respondent and such the petition
261-has been reviewed by the probate judgejudge of probate , the
262-probate judgejudge of probate shall order the sheriff of the
263-county in which the respondent iswas located at the time of
264-the filing to serve a copy of the petition, together with a
265-copy of the order setting the petition for a hearing, upon the
266-respondent. SaidThe notice shall include the date, time and
267-place of the hearing; a clear statement of the purpose of the
268-proceeding and the possible consequences to the subject
269-thereof; the alleged factual basis for the proposed
270-commitment; a statement of the legal standards upon which
271-commitment is authorized; and a list of the names and
242+behavior, capacity to recognize reality, or ability to cope
243+with the ordinary demands of life ., or a diagnosis designated
244+as a Serious Mental Illness (SMI), as defined in the then
245+current edition of the Diagnostic and Statistical Manual of
246+Mental Disorders. The term specifically excludes the primary
247+diagnosis of epilepsy , a substance use disorder , an
248+intellectual disability, substance abuse, including
249+alcoholism, or a developmental disability.
250+(7)(8) OUTPATIENT TREATMENT. Treatment being provided
251+to an individual in a nonresidential setting who is not
252+admitted for 24-hour-a-day care.
253+(8)(9) REAL AND PRESENT THREAT OF SUBSTANTIAL HARM TO
254+SELF OR OTHERS. A significant risk that an individual who is
255+exhibiting behavior consistent with a mental illness, as a
256+result of the mental illness, will do either of the following:
257+a. By action or inaction, cause, allow, or inflict
258+serious bodily harm upon himself, herself, or another
259+individual.
260+b. Be unable to satisfy his or her need for
261+nourishment, medical care, shelter, or self-protection so that
262+there is a substantial likelihood of death, serious bodily
263+harm, serious physical debilitation, serious mental
264+debilitation, or life-threatening disease.
265+(9)(10) RESPONDENT. An individual for whom a petition
266+for commitment to mental health services has been filed.
267+(10)(11) STATE MENTAL HEALTH FACILITY. A mental health
268+facility operated by the Alabama State Department of Mental
269+Health.
270+(12) SUBSTANCE USE DISORDER. A cluster of cognitive,
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301-commitment is authorized; and a list of the names and
302-addresses of the witnesses who may be called to testify in
303-support of the petition. The hearing shall be preceded by
304-adequate notice to the respondent."
305-"§22-52-7
306-(a)(1) When a petition has been filed seeking to have
307-limitations placed upon the liberty of a respondent pending
308-the outcome of a final hearing on the merits, the probate
309-judge judge of probate shall order the sheriff of the county
310-in which the respondent iswas located at the time of the
311-filing to serve a copy of the petition upon the respondent and
312-to either bring the respondent before the judge of probate
313-probate judge instanter or be evaluated as provided in
314-subsection (2).
315-(2) When any respondent against whom a petition has
316-been filed seeking to have limitations placed upon the
317-respondent's liberty pending the outcome of a full and final
318-hearing on the merits is initially brought before the probate
319-judgejudge of probate , the probate judgejudge of probate shall
320-determine from an interview with the respondent and with other
321-available persons what limitations, if any, shall be imposed
322-upon the respondent's liberty and what temporary treatment, if
323-any, shall be imposed upon the respondent pending further
324-hearings. In making these determinations, the judge of probate
325-may also interview any other available individuals or officers
326-and may consult with or seek an evaluation by a licensed
327-medical physician or qualified mental health professional. If
328-limitations on the respondent's liberty are ordered, the
329-probate judgejudge of probate may order the respondent
300+(12) SUBSTANCE USE DISORDER. A cluster of cognitive,
301+behavioral, and physiological symptoms indicating that the
302+individual continues using a substance despite significant
303+substance-related problems, such as impaired control, social
304+impairment, risky behaviors, and pharmacological tolerance and
305+withdrawal.
306+(b) The Legislature finds for purposes of this article
307+substance use disorder is commonly associated with mental
308+illness and providers who provide these services serve a
309+public purpose."
310+ "§22-52-1.2
311+(a) Any person individual may file a petition seeking
312+the involuntary commitment of another personindividual. The
313+petition shall be filed in the probate court of the county in
314+which the respondent is located. The petition shall be in
315+writing, executed under oath, and shall include the following
316+information:
317+(1) The name and address, if known, of the respondent.
318+(2) The name and address, if known, of the respondent's
319+spouse, legal counsel, or next-of-kin.
320+(3) That the petitioner has reason to believe the
321+respondent is mentally ill or is mentally ill with a secondary
322+diagnosis of co-occurring substance use disorder .
323+(4) That the beliefs of the petitioner are based on
324+specific behavior, acts, attempts, or threats, which shall be
325+specified and described in detail.
326+(5) The names and addresses of other persons
327+individuals with knowledge of the respondent's mental illness
328+or mental illness with a secondary diagnosis of co-occurring
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359-probate judgejudge of probate may order the respondent
360-detained under the provisions of this section at a designated
361-mental health facility or a hospital.
362-(b) No limitations shall be placed upon the
363-respondent's liberty nor treatment imposed upon the respondent
364-unless such limitations are determined necessary by the judge
365-of probate to prevent the respondent from doing substantial
366-and immediate harm to himself or to others posing a real and
367-present threat of substantial harm to self or others or to
368-prevent the respondent from leaving the jurisdiction of the
369-court. No respondent shall be placed in a jail or other
370-facility for persons individuals accused of or convicted of
371-committing crimes.
372-(c) The probate judgejudge of probate shall order the
373-respondent to appear at the times and places set for hearing
374-the petition and may order the respondent to appear at
375-designated times and places to be examined by licensed medical
376-doctors or qualified mental health professionals. If the
377-respondent does not appear as ordered by the probate judge
378-judge of probate , or if the judge of probate determines it is
379-likely the respondent will not appear, the probate judgejudge
380-of probate may order the sheriff of the county in which the
381-respondent iswas located at the time of the filing to take the
382-respondent into custody and compel the respondent's attendance
383-as ordered by the probate judgejudge of probate . If temporary
384-treatment or admittance to a hospital is ordered for the
385-respondent, such the treatment shall be supervised by a
386-licensed medical doctor physician or qualified mental health
387-professional who has willingly consented to treat the
358+or mental illness with a secondary diagnosis of co-occurring
359+substance use disorder who may be called as witnesses.
360+The petition may be accompanied by any other relevant
361+information.
362+(b) The home address and the telephone number of the
363+petitioner shall be excluded from the copy of the petition
364+seeking the involuntary commitment provided to the respondent,
365+however, if there is no other available address to contact the
366+petitioner, then the home address of the petitioner shall be
367+provided."
368+"§22-52-3
369+When any petition has been filed seeking the
370+involuntary commitment of a respondent and such the petition
371+has been reviewed by the probate judgejudge of probate , the
372+probate judgejudge of probate shall order the sheriff of the
373+county in which the respondent iswas located at the time of
374+the filing to serve a copy of the petition, together with a
375+copy of the order setting the petition for a hearing, upon the
376+respondent. SaidThe notice shall include the date, time and
377+place of the hearing; a clear statement of the purpose of the
378+proceeding and the possible consequences to the subject
379+thereof; the alleged factual basis for the proposed
380+commitment; a statement of the legal standards upon which
381+commitment is authorized; and a list of the names and
382+addresses of the witnesses who may be called to testify in
383+support of the petition. The hearing shall be preceded by
384+adequate notice to the respondent."
385+"§22-52-7
386+(a)(1) When a petition has been filed seeking to have
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417-professional who has willingly consented to treat the
418-respondent, and admission to a hospital shall be ordered by a
419-licensed medical doctor who has willingly consented to admit
420-and treat the respondent."
421-"§22-52-10.1
422-(a) If at the final hearing on a petition seeking to
423-involuntarily commit a respondent, the judge of probate finds,
424-based on clear and convincing evidence, that the respondent
425-meets the criteria for involuntary commitment, an order shall
426-be entered for either of the following:
427-(1) Outpatient treatment.
428-(2) Inpatient treatment.
429-(b) The least restrictive alternative necessary and
430-available for the treatment of the respondent's mental illness
431-or mental illness with a secondary diagnosis of co-occurring
432-substance use disorder shall be ordered.
433-(c) The petition for involuntary commitment shall be
434-dismissed if the criteria for commitment is not proved.
435-(d)(1) The judge of probate shall immediately report an
436-order for involuntary commitment to the Alabama State Law
437-Enforcement Agency, in a manner prescribed by the Alabama
438-Justice Information Commission, for entry into the state
439-firearms prohibited person database and the National Instant
440-Criminal Background Check (NICS) system.
441-(2) The judge of probate shall report to the Alabama
442-State Law Enforcement Agency, in a method determined by the
443-commission, updates to any order for involuntary commitment
444-that was previously forwarded to the Alabama State Law
445-Enforcement Agency under this section, including notice of any
416+(a)(1) When a petition has been filed seeking to have
417+limitations placed upon the liberty of a respondent pending
418+the outcome of a final hearing on the merits, the probate
419+judge judge of probate shall order the sheriff of the county
420+in which the respondent iswas located at the time of the
421+filing to serve a copy of the petition upon the respondent and
422+to either bring the respondent before the judge of probate
423+probate judge instanter or be evaluated as provided in
424+subsection (2).
425+(2) When any respondent against whom a petition has
426+been filed seeking to have limitations placed upon the
427+respondent's liberty pending the outcome of a full and final
428+hearing on the merits is initially brought before the probate
429+judgejudge of probate , the probate judgejudge of probate shall
430+determine from an interview with the respondent and with other
431+available persons what limitations, if any, shall be imposed
432+upon the respondent's liberty and what temporary treatment, if
433+any, shall be imposed upon the respondent pending further
434+hearings. In making these determinations, the judge of probate
435+may also interview any other available individuals or officers
436+and may consult with or seek an evaluation by a licensed
437+medical physician or qualified mental health professional. If
438+limitations on the respondent's liberty are ordered, the
439+probate judgejudge of probate may order the respondent
440+detained under the provisions of this section at a designated
441+mental health facility or a hospital.
442+(b) No limitations shall be placed upon the
443+respondent's liberty nor treatment imposed upon the respondent
444+unless such limitations are determined necessary by the judge
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475-Enforcement Agency under this section, including notice of any
476-reversal of petition or appeal."
477-"§22-52-10.2
478-(a) A respondent may be committed to outpatient
479-treatment if the probate court, based upon clear and
480-convincing evidence, finds all of the following:
481- (1) The respondent has a mental illness or a mental
482-illness with a secondary diagnosis of co-occurring substance
483-use disorder.
484-(2) As a result of the mental illness , or mental
485-illness with secondary diagnosis of co-occurring substance use
486-disorder, the respondent, if not treated, will suffer mental
487-distress and experience deterioration of the ability to
488-function independently.
489-(3) The respondent is unable to maintain consistent
490-engagement with outpatient treatment on a voluntary basis, as
491-demonstrated by either of the following:
492-a. The respondent's actions occurring within the
493-two-year period immediately preceding the hearing.
494-b. Specific aspects of the respondent's clinical
495-condition that significantly impair the respondent's ability
496-to consistently make rational and informed decisions as to
497-whether to participate in treatment for mental illness.
498-(b) Upon a recommendation made by the designated mental
499-health facility currently providing outpatient treatment that
500-the respondent's outpatient commitment order should be
501-renewed, a probate court may enter an order to renew the
502-commitment order upon the expiration of time allotted for
503-treatment by the original outpatient treatment order if the
474+unless such limitations are determined necessary by the judge
475+of probate to prevent the respondent from doing substantial
476+and immediate harm to himself or to others posing a real and
477+present threat of substantial harm to self or others or to
478+prevent the respondent from leaving the jurisdiction of the
479+court. No respondent shall be placed in a jail or other
480+facility for persons individuals accused of or convicted of
481+committing crimes.
482+(c) The probate judgejudge of probate shall order the
483+respondent to appear at the times and places set for hearing
484+the petition and may order the respondent to appear at
485+designated times and places to be examined by licensed medical
486+doctors or qualified mental health professionals. If the
487+respondent does not appear as ordered by the probate judge
488+judge of probate , or if the judge of probate determines it is
489+likely the respondent will not appear, the probate judgejudge
490+of probate may order the sheriff of the county in which the
491+respondent iswas located at the time of the filing to take the
492+respondent into custody and compel the respondent's attendance
493+as ordered by the probate judgejudge of probate . If temporary
494+treatment or admittance to a hospital is ordered for the
495+respondent, such the treatment shall be supervised by a
496+licensed medical doctor physician or qualified mental health
497+professional who has willingly consented to treat the
498+respondent, and admission to a hospital shall be ordered by a
499+licensed medical doctor who has willingly consented to admit
500+and treat the respondent."
501+"§22-52-10.1
502+(a) If at the final hearing on a petition seeking to
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533-treatment by the original outpatient treatment order if the
534-judge of probate court finds, based upon clear and convincing
535-evidence, all of the following:
536-(1) The respondent has a mental illness or a mental
537-illness with a secondary diagnosis of co-occurring substance
538-use disorder.
539-(2) As a result of the mental illness or mental illness
540-with a secondary diagnosis of co-occurring substance use
541-disorder, the respondent, if treatment is not continued, will
542-suffer mental distress and experience deterioration of the
543-ability to function independently.
544-(3) The respondent remains unable to maintain
545-consistent engagement with outpatient treatment on a voluntary
546-basis."
547-"§22-52-10.4
548-(a) A respondent may be committed to inpatient
549-treatment if the judge of probate court, based upon clear and
550-convincing evidence, finds that all of the following are true:
551-(1) The respondent has a mental illness or a mental
552-illness with a secondary diagnosis of co-occurring substance
553-use disorder.
554-(2) As a result of the mental illness , or mental
555-illness with a secondary diagnosis of co-occurring substance
556-use disorder, the respondent poses a real and present threat
557-of substantial harm to self or others.
558-(3) The respondent, if not treated, will continue to
559-suffer mental distress and continue to experience
560-deterioration of the ability to function independently.
561-(4) The respondent is unable to make a rational and
532+(a) If at the final hearing on a petition seeking to
533+involuntarily commit a respondent, the judge of probate finds,
534+based on clear and convincing evidence, that the respondent
535+meets the criteria for involuntary commitment, an order shall
536+be entered for either of the following:
537+(1) Outpatient treatment.
538+(2) Inpatient treatment.
539+(b) The least restrictive alternative necessary and
540+available for the treatment of the respondent's mental illness
541+or mental illness with a secondary diagnosis of co-occurring
542+substance use disorder shall be ordered.
543+(c) The petition for involuntary commitment shall be
544+dismissed if the criteria for commitment is not proved.
545+(d)(1) The judge of probate shall immediately report an
546+order for involuntary commitment to the Alabama State Law
547+Enforcement Agency, in a manner prescribed by the Alabama
548+Justice Information Commission, for entry into the state
549+firearms prohibited person database and the National Instant
550+Criminal Background Check (NICS) system.
551+(2) The judge of probate shall report to the Alabama
552+State Law Enforcement Agency, in a method determined by the
553+commission, updates to any order for involuntary commitment
554+that was previously forwarded to the Alabama State Law
555+Enforcement Agency under this section, including notice of any
556+reversal of petition or appeal."
557+"§22-52-10.2
558+(a) A respondent may be committed to outpatient
559+treatment if the probate court, based upon clear and
560+convincing evidence, finds all of the following:
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591-(4) The respondent is unable to make a rational and
592-informed decision as to whether or not treatment for mental
593-illness or mental illness with a secondary diagnosis of
594-co-occurring substance use disorder would be desirable.
595-(b) If the probate judge judge of probate finds that no
596-treatment is presently available for the respondent's mental
597-illness or mental illness with a secondary diagnosis of
598-co-occurring substance use disorder , but that confinement is
599-necessary to prevent the respondent from causing substantial
600-harm to himself or herself or to others, the order committing
601-the respondent shall provide that, should treatment for the
602-respondent's mental illness or mental illness with a secondary
603-diagnosis of co-occurring substance use disorder become
604-available at any time during the period of the respondent's
605-confinement, the treatment shall be made available to him or
606-her immediately.
607-(c) In determining whether an individual poses a real
608-and present threat of substantial harm to self or others, all
609-available relevant information shall be considered, including
610-any known relevant aspects of the individual's psychosocial,
611-medical, and psychiatric history, in addition to the
612-individual's current behavior.
613-(d) Nothing in this section shall be construed as
614-requiring a mental health provider to expand their current
615-services if necessary funding is not provided. "
616-"§22-52-10.11
617-(a) The director of a state mental health facility or
618-designated mental health facility to which a respondent is
619-currently committed for inpatient treatment, not later than 30
590+convincing evidence, finds all of the following:
591+ (1) The respondent has a mental illness or a mental
592+illness with a secondary diagnosis of co-occurring substance
593+use disorder.
594+(2) As a result of the mental illness , or mental
595+illness with secondary diagnosis of co-occurring substance use
596+disorder, the respondent, if not treated, will suffer mental
597+distress and experience deterioration of the ability to
598+function independently.
599+(3) The respondent is unable to maintain consistent
600+engagement with outpatient treatment on a voluntary basis, as
601+demonstrated by either of the following:
602+a. The respondent's actions occurring within the
603+two-year period immediately preceding the hearing.
604+b. Specific aspects of the respondent's clinical
605+condition that significantly impair the respondent's ability
606+to consistently make rational and informed decisions as to
607+whether to participate in treatment for mental illness.
608+(b) Upon a recommendation made by the designated mental
609+health facility currently providing outpatient treatment that
610+the respondent's outpatient commitment order should be
611+renewed, a probate court may enter an order to renew the
612+commitment order upon the expiration of time allotted for
613+treatment by the original outpatient treatment order if the
614+judge of probate court finds, based upon clear and convincing
615+evidence, all of the following:
616+(1) The respondent has a mental illness or a mental
617+illness with a secondary diagnosis of co-occurring substance
618+use disorder.
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649-currently committed for inpatient treatment, not later than 30
650-days prior to the expiration of the current commitment order,
651-shall assess the appropriateness of transferring the
652-respondent to outpatient treatment as the least restrictive
653-alternative necessary and available for the treatment of the
654-respondent's mental illness or mental illness with a secondary
655-diagnosis of co-occurring substance use disorder . The director
656-may recommend to the probate court in writing that the order
657-be modified to commit the respondent to outpatient treatment.
658-(b) A recommendation under subsection (a) shall do both
659-of the following:
660-(1) State the grounds for the director's determination
661-that outpatient treatment is the least restrictive alternative
662-necessary and available for the treatment of the respondent's
663-mental illness or mental illness with a secondary diagnosis of
664-co-occurring substance use disorder .
665-(2) Identify the designated mental health facility to
666-which the director recommends that the respondent be committed
667-for outpatient treatment.
668-(c) Notice of the recommendation under subsection (a)
669-shall be provided to both of the following:
670-(1) The respondent.
671-(2) The director of the designated mental health
672-facility identified under subsection (b), unless the director
673-is the individual making the recommendation.
674-(d) Upon request of the respondent or any other
675-interested party, the probate court shall hold a hearing on
676-the recommendation. The probate courtjudge of probate shall
677-appoint an attorney to represent the respondent at the
648+use disorder.
649+(2) As a result of the mental illness or mental illness
650+with a secondary diagnosis of co-occurring substance use
651+disorder, the respondent, if treatment is not continued, will
652+suffer mental distress and experience deterioration of the
653+ability to function independently.
654+(3) The respondent remains unable to maintain
655+consistent engagement with outpatient treatment on a voluntary
656+basis."
657+"§22-52-10.4
658+(a) A respondent may be committed to inpatient
659+treatment if the judge of probate court, based upon clear and
660+convincing evidence, finds that all of the following are true:
661+(1) The respondent has a mental illness or a mental
662+illness with a secondary diagnosis of co-occurring substance
663+use disorder.
664+(2) As a result of the mental illness , or mental
665+illness with a secondary diagnosis of co-occurring substance
666+use disorder, the respondent poses a real and present threat
667+of substantial harm to self or others.
668+(3) The respondent, if not treated, will continue to
669+suffer mental distress and continue to experience
670+deterioration of the ability to function independently.
671+(4) The respondent is unable to make a rational and
672+informed decision as to whether or not treatment for mental
673+illness or mental illness with a secondary diagnosis of
674+co-occurring substance use disorder would be desirable.
675+(b) If the probate judge judge of probate finds that no
676+treatment is presently available for the respondent's mental
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707-appoint an attorney to represent the respondent at the
708-hearing. The hearing shall be conducted in accordance with
709-Section 22-52-9.
710-(e) If a hearing is not requested, the judge of probate
711-court may make a decision regarding the facility director's
712-recommendation based upon both of the following:
713-(1) The grounds stated in the recommendation.
714-(2) Consultation with the director of the designated
715-mental health facility, or his or her designee, concerning the
716-availability of resources to treat the respondent as an
717-outpatient.
718-(f) If the probate court modifies the order, the
719-modified order shall conform to all requirements of an
720-original commitment to outpatient treatment under Section
721-22-52-10.3, except that the modified order may not extend
722-beyond the term of the original order by more than 60 days."
723-Section 2. Section 15-16-26 is added to the Code of
724-Alabama 1975, to read as follows:
725-§15-16-26
726-Notwithstanding Section 15-16-20, Code of Alabama 1975,
727-if a commitment order has been issued pursuant to Title 22,
728-Chapter 52, Code of Alabama 1975, but cannot be fulfilled
729-because the respondent is subsequently confined solely for
730-misdemeanor charges or municipal ordinance violations, the
731-judge of probate who issued the commitment order may
732-communicate with the judge of the district, municipal, or
733-circuit court who ordered the respondent to be confined to
734-discuss whether he or she will issue an order to discharge the
735-respondent from confinement and suspend the criminal
706+treatment is presently available for the respondent's mental
707+illness or mental illness with a secondary diagnosis of
708+co-occurring substance use disorder , but that confinement is
709+necessary to prevent the respondent from causing substantial
710+harm to himself or herself or to others, the order committing
711+the respondent shall provide that, should treatment for the
712+respondent's mental illness or mental illness with a secondary
713+diagnosis of co-occurring substance use disorder become
714+available at any time during the period of the respondent's
715+confinement, the treatment shall be made available to him or
716+her immediately.
717+(c) In determining whether an individual poses a real
718+and present threat of substantial harm to self or others, all
719+available relevant information shall be considered, including
720+any known relevant aspects of the individual's psychosocial,
721+medical, and psychiatric history, in addition to the
722+individual's current behavior.
723+(d) Nothing in this section shall be construed as
724+requiring a mental health provider to expand their current
725+services if necessary funding is not provided. "
726+"§22-52-10.11
727+(a) The director of a state mental health facility or
728+designated mental health facility to which a respondent is
729+currently committed for inpatient treatment, not later than 30
730+days prior to the expiration of the current commitment order,
731+shall assess the appropriateness of transferring the
732+respondent to outpatient treatment as the least restrictive
733+alternative necessary and available for the treatment of the
734+respondent's mental illness or mental illness with a secondary
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765-respondent from confinement and suspend the criminal
766-proceedings temporarily so that the commitment order may be
767-fulfilled. The court shall give the prosecuting attorney an
768-opportunity to object to the discharge order.
769-Section 3. This act shall become effective on January
770-1, 2025.
764+respondent's mental illness or mental illness with a secondary
765+diagnosis of co-occurring substance use disorder . The director
766+may recommend to the probate court in writing that the order
767+be modified to commit the respondent to outpatient treatment.
768+(b) A recommendation under subsection (a) shall do both
769+of the following:
770+(1) State the grounds for the director's determination
771+that outpatient treatment is the least restrictive alternative
772+necessary and available for the treatment of the respondent's
773+mental illness or mental illness with a secondary diagnosis of
774+co-occurring substance use disorder .
775+(2) Identify the designated mental health facility to
776+which the director recommends that the respondent be committed
777+for outpatient treatment.
778+(c) Notice of the recommendation under subsection (a)
779+shall be provided to both of the following:
780+(1) The respondent.
781+(2) The director of the designated mental health
782+facility identified under subsection (b), unless the director
783+is the individual making the recommendation.
784+(d) Upon request of the respondent or any other
785+interested party, the probate court shall hold a hearing on
786+the recommendation. The probate courtjudge of probate shall
787+appoint an attorney to represent the respondent at the
788+hearing. The hearing shall be conducted in accordance with
789+Section 22-52-9.
790+(e) If a hearing is not requested, the judge of probate
791+court may make a decision regarding the facility director's
792+recommendation based upon both of the following:
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777-Page 15
778-House of Representatives
779-Read for the first time and referred
780-to the House of Representatives
781-committee on Judiciary
782-................21-Mar-24
783-Read for the second time and placed
784-on the calendar:
785- 1 amendment
786-................04-Apr-24
787-Read for the third time and passed
788-as amended
789-Yeas 100
790-Nays 1
791-Abstains 0
792-................11-Apr-24
793-John Treadwell
794-Clerk
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822+recommendation based upon both of the following:
823+(1) The grounds stated in the recommendation.
824+(2) Consultation with the director of the designated
825+mental health facility, or his or her designee, concerning the
826+availability of resources to treat the respondent as an
827+outpatient.
828+(f) If the probate court modifies the order, the
829+modified order shall conform to all requirements of an
830+original commitment to outpatient treatment under Section
831+22-52-10.3, except that the modified order may not extend
832+beyond the term of the original order by more than 60 days."
833+Section 2. Section 15-16-26 is added to the Code of
834+Alabama 1975, to read as follows:
835+§15-16-26
836+Notwithstanding Section 15-16-20, Code of Alabama 1975,
837+if a commitment order has been issued pursuant to Title 22,
838+Chapter 52, Code of Alabama 1975, but cannot be fulfilled
839+because the respondent is subsequently confined solely for
840+misdemeanor charges or municipal ordinance violations, the
841+judge of probate who issued the commitment order may petition
842+the district court or the municipal court to discharge the
843+respondent from confinement and suspend the criminal
844+proceedings temporarily so that the commitment order may be
845+fulfilled. The district court or municipal court shall conduct
846+a hearing on the petition and issue an order granting or
847+denying the petition.
848+Section 3. This act shall become effective on January
849+1, 2025.
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