HB359ENGROSSED
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HB359
IQ8FWWW-2
By Representatives Bedsole, Ledbetter, Reynolds, Simpson,
Almond, Treadaway, Pettus
RFD: Judiciary
First Read: 21-Mar-24
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First Read: 21-Mar-24
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Department of Mental Health; to
amend Sections 22-52-1.1, 22-52-1.2, 22-52-3, 22-52-7,
22-52-10.1, as last amended by Act 2023-472 of the 2023
Regular Session, 22-52-10.2, 22-52-10.4, 22-52-10.11, and
22-52-11 of the Code of Alabama 1975; to authorize a judge of
probate to involuntarily commit an individual who suffers from
a substance use disorder that occurs secondarily to a primary
diagnosis of one or more mental illnesses; to provide for a
change in jurisdiction of the sheriff who is required to serve
the commitment petition on the respondent; to authorize the
judge of probate to establish a procedure for placing
limitations on the respondent's liberty, if any, pending a
final hearing; to allow the judge of probate to determine the
appropriate medical evaluation process, if any, for the
respondent prior to final hearing; and to add Section 15-16-26
to the Code of Alabama 1975, to provide a process for the
committing judge of probate to seek relief for the respondent
from temporary criminal confinement, under certain
circumstances, to fulfill a pending commitment order; and to
provide that mental health providers are not required to
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provide that mental health providers are not required to
expand existing services unless its currently available funds
support the expansion.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 22-52-1.1, 22-52-1.2, 22-52-3,
22-52-7, 22-52-10.1, as last amended by Act 2023-472, of the
2023 Regular Session, 22-52-10.2, 22-52-10.4, 22-52-10.11 and
22-52-11, Code of Alabama 1975, are amended to read as
follows:
"§22-52-1.1
(a) When used in this article, the following terms
shall have the following meanings, respectively, unless the
context clearly indicates otherwise:
(1) COMMISSIONER. The Commissioner of the Alabama State
Department of Mental Health.
(2) CO-OCCURRING SUBSTANCE USE DISORDER. A substance
use disorder that occurs secondarily to a primary diagnosis of
one or more mental illnesses.
(2)(3) DEPARTMENT. The Alabama State Department of
Mental Health.
(3)(4) DESIGNATED MENTAL HEALTH FACILITY. A mental
health facility, other than a state mental health facility,
which is designated by the State Department of Mental Health
to receive individuals for evaluation, examination, admission,
detention, or treatment pursuant to this article.
(4)(5) INPATIENT TREATMENT. Treatment being provided to
an individual at a state mental health facility or a
designated mental health facility which has been specifically
designated by the department for inpatient treatment.
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designated by the department for inpatient treatment.
(5)(6) INVOLUNTARY COMMITMENT. Court-ordered mental
health services in either an outpatient or inpatient setting.
(6)(7) MENTAL ILLNESS. A psychiatric disorder of
thought or mood which significantly impairs judgment,
behavior, capacity to recognize reality, or ability to cope
with the ordinary demands of life ., or a diagnosis designated
as a Serious Mental Illness (SMI), as defined in the then
current edition of the Diagnostic and Statistical Manual of
Mental Disorders. The term specifically excludes the primary
diagnosis of epilepsy , a substance use disorder , an
intellectual disability, substance abuse, including
alcoholism, or a developmental disability.
(7)(8) OUTPATIENT TREATMENT. Treatment being provided
to an individual in a nonresidential setting who is not
admitted for 24-hour-a-day care.
(8)(9) REAL AND PRESENT THREAT OF SUBSTANTIAL HARM TO
SELF OR OTHERS. A significant risk that an individual who is
exhibiting behavior consistent with a mental illness, as a
result of the mental illness, will do either of the following:
a. By action or inaction, cause, allow, or inflict
serious bodily harm upon himself, herself, or another
individual.
b. Be unable to satisfy his or her need for
nourishment, medical care, shelter, or self-protection so that
there is a substantial likelihood of death, serious bodily
harm, serious physical debilitation, serious mental
debilitation, or life-threatening disease.
(9)(10) RESPONDENT. An individual for whom a petition
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(9)(10) RESPONDENT. An individual for whom a petition
for commitment to mental health services has been filed.
(10)(11) STATE MENTAL HEALTH FACILITY. A mental health
facility operated by the Alabama State Department of Mental
Health.
(12) SUBSTANCE USE DISORDER. A cluster of cognitive,
behavioral, and physiological symptoms indicating that the
individual continues using a substance despite significant
substance-related problems, such as impaired control, social
impairment, risky behaviors, and pharmacological tolerance and
withdrawal.
(b) The Legislature finds for purposes of this article
substance use disorder is commonly associated with mental
illness and providers who provide these services serve a
public purpose."
"§22-52-1.2
(a) Any person individual may file a petition seeking
the involuntary commitment of another personindividual. The
petition shall be filed in the probate court of the county in
which the respondent is located. The petition shall be in
writing, executed under oath, and shall include the following
information:
(1) The name and address, if known, of the respondent.
(2) The name and address, if known, of the respondent's
spouse, legal counsel, or next-of-kin.
(3) That the petitioner has reason to believe the
respondent is mentally ill or is mentally ill with a secondary
diagnosis of co-occurring substance use disorder .
(4) That the beliefs of the petitioner are based on
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(4) That the beliefs of the petitioner are based on
specific behavior, acts, attempts, or threats, which shall be
specified and described in detail.
(5) The names and addresses of other persons
individuals with knowledge of the respondent's mental illness
or mental illness with a secondary diagnosis of co-occurring
substance use disorder who may be called as witnesses.
The petition may be accompanied by any other relevant
information.
(b) The home address and the telephone number of the
petitioner shall be excluded from the copy of the petition
seeking the involuntary commitment provided to the respondent,
however, if there is no other available address to contact the
petitioner, then the home address of the petitioner shall be
provided."
"§22-52-3
When any petition has been filed seeking the
involuntary commitment of a respondent and such the petition
has been reviewed by the probate judgejudge of probate , the
probate judgejudge of probate shall order the sheriff of the
county in which the respondent iswas located at the time of
the filing to serve a copy of the petition, together with a
copy of the order setting the petition for a hearing, upon the
respondent. SaidThe notice shall include the date, time and
place of the hearing; a clear statement of the purpose of the
proceeding and the possible consequences to the subject
thereof; the alleged factual basis for the proposed
commitment; a statement of the legal standards upon which
commitment is authorized; and a list of the names and
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commitment is authorized; and a list of the names and
addresses of the witnesses who may be called to testify in
support of the petition. The hearing shall be preceded by
adequate notice to the respondent."
"§22-52-7
(a)(1) When a petition has been filed seeking to have
limitations placed upon the liberty of a respondent pending
the outcome of a final hearing on the merits, the probate
judge judge of probate shall order the sheriff of the county
in which the respondent iswas located at the time of the
filing to serve a copy of the petition upon the respondent and
to either bring the respondent before the judge of probate
probate judge instanter or be evaluated as provided in
subsection (2).
(2) When any respondent against whom a petition has
been filed seeking to have limitations placed upon the
respondent's liberty pending the outcome of a full and final
hearing on the merits is initially brought before the probate
judgejudge of probate , the probate judgejudge of probate shall
determine from an interview with the respondent and with other
available persons what limitations, if any, shall be imposed
upon the respondent's liberty and what temporary treatment, if
any, shall be imposed upon the respondent pending further
hearings. In making these determinations, the judge of probate
may also interview any other available individuals or officers
and may consult with or seek an evaluation by a licensed
medical physician or qualified mental health professional. If
limitations on the respondent's liberty are ordered, the
probate judgejudge of probate may order the respondent
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probate judgejudge of probate may order the respondent
detained under the provisions of this section at a designated
mental health facility or a hospital.
(b) No limitations shall be placed upon the
respondent's liberty nor treatment imposed upon the respondent
unless such limitations are determined necessary by the judge
of probate to prevent the respondent from doing substantial
and immediate harm to himself or to others posing a real and
present threat of substantial harm to self or others or to
prevent the respondent from leaving the jurisdiction of the
court. No respondent shall be placed in a jail or other
facility for persons individuals accused of or convicted of
committing crimes.
(c) The probate judgejudge of probate shall order the
respondent to appear at the times and places set for hearing
the petition and may order the respondent to appear at
designated times and places to be examined by licensed medical
doctors or qualified mental health professionals. If the
respondent does not appear as ordered by the probate judge
judge of probate , or if the judge of probate determines it is
likely the respondent will not appear, the probate judgejudge
of probate may order the sheriff of the county in which the
respondent iswas located at the time of the filing to take the
respondent into custody and compel the respondent's attendance
as ordered by the probate judgejudge of probate . If temporary
treatment or admittance to a hospital is ordered for the
respondent, such the treatment shall be supervised by a
licensed medical doctor physician or qualified mental health
professional who has willingly consented to treat the
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professional who has willingly consented to treat the
respondent, and admission to a hospital shall be ordered by a
licensed medical doctor who has willingly consented to admit
and treat the respondent."
"§22-52-10.1
(a) If at the final hearing on a petition seeking to
involuntarily commit a respondent, the judge of probate finds,
based on clear and convincing evidence, that the respondent
meets the criteria for involuntary commitment, an order shall
be entered for either of the following:
(1) Outpatient treatment.
(2) Inpatient treatment.
(b) The least restrictive alternative necessary and
available for the treatment of the respondent's mental illness
or mental illness with a secondary diagnosis of co-occurring
substance use disorder shall be ordered.
(c) The petition for involuntary commitment shall be
dismissed if the criteria for commitment is not proved.
(d)(1) The judge of probate shall immediately report an
order for involuntary commitment to the Alabama State Law
Enforcement Agency, in a manner prescribed by the Alabama
Justice Information Commission, for entry into the state
firearms prohibited person database and the National Instant
Criminal Background Check (NICS) system.
(2) The judge of probate shall report to the Alabama
State Law Enforcement Agency, in a method determined by the
commission, updates to any order for involuntary commitment
that was previously forwarded to the Alabama State Law
Enforcement Agency under this section, including notice of any
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Enforcement Agency under this section, including notice of any
reversal of petition or appeal."
"§22-52-10.2
(a) A respondent may be committed to outpatient
treatment if the probate court, based upon clear and
convincing evidence, finds all of the following:
(1) The respondent has a mental illness or a mental
illness with a secondary diagnosis of co-occurring substance
use disorder.
(2) As a result of the mental illness , or mental
illness with secondary diagnosis of co-occurring substance use
disorder, the respondent, if not treated, will suffer mental
distress and experience deterioration of the ability to
function independently.
(3) The respondent is unable to maintain consistent
engagement with outpatient treatment on a voluntary basis, as
demonstrated by either of the following:
a. The respondent's actions occurring within the
two-year period immediately preceding the hearing.
b. Specific aspects of the respondent's clinical
condition that significantly impair the respondent's ability
to consistently make rational and informed decisions as to
whether to participate in treatment for mental illness.
(b) Upon a recommendation made by the designated mental
health facility currently providing outpatient treatment that
the respondent's outpatient commitment order should be
renewed, a probate court may enter an order to renew the
commitment order upon the expiration of time allotted for
treatment by the original outpatient treatment order if the
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treatment by the original outpatient treatment order if the
judge of probate court finds, based upon clear and convincing
evidence, all of the following:
(1) The respondent has a mental illness or a mental
illness with a secondary diagnosis of co-occurring substance
use disorder.
(2) As a result of the mental illness or mental illness
with a secondary diagnosis of co-occurring substance use
disorder, the respondent, if treatment is not continued, will
suffer mental distress and experience deterioration of the
ability to function independently.
(3) The respondent remains unable to maintain
consistent engagement with outpatient treatment on a voluntary
basis."
"§22-52-10.4
(a) A respondent may be committed to inpatient
treatment if the judge of probate court, based upon clear and
convincing evidence, finds that all of the following are true:
(1) The respondent has a mental illness or a mental
illness with a secondary diagnosis of co-occurring substance
use disorder.
(2) As a result of the mental illness , or mental
illness with a secondary diagnosis of co-occurring substance
use disorder, the respondent poses a real and present threat
of substantial harm to self or others.
(3) The respondent, if not treated, will continue to
suffer mental distress and continue to experience
deterioration of the ability to function independently.
(4) The respondent is unable to make a rational and
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(4) The respondent is unable to make a rational and
informed decision as to whether or not treatment for mental
illness or mental illness with a secondary diagnosis of
co-occurring substance use disorder would be desirable.
(b) If the probate judge judge of probate finds that no
treatment is presently available for the respondent's mental
illness or mental illness with a secondary diagnosis of
co-occurring substance use disorder , but that confinement is
necessary to prevent the respondent from causing substantial
harm to himself or herself or to others, the order committing
the respondent shall provide that, should treatment for the
respondent's mental illness or mental illness with a secondary
diagnosis of co-occurring substance use disorder become
available at any time during the period of the respondent's
confinement, the treatment shall be made available to him or
her immediately.
(c) In determining whether an individual poses a real
and present threat of substantial harm to self or others, all
available relevant information shall be considered, including
any known relevant aspects of the individual's psychosocial,
medical, and psychiatric history, in addition to the
individual's current behavior.
(d) Nothing in this section shall be construed as
requiring a mental health provider to expand their current
services if necessary funding is not provided. "
"§22-52-10.11
(a) The director of a state mental health facility or
designated mental health facility to which a respondent is
currently committed for inpatient treatment, not later than 30
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currently committed for inpatient treatment, not later than 30
days prior to the expiration of the current commitment order,
shall assess the appropriateness of transferring the
respondent to outpatient treatment as the least restrictive
alternative necessary and available for the treatment of the
respondent's mental illness or mental illness with a secondary
diagnosis of co-occurring substance use disorder . The director
may recommend to the probate court in writing that the order
be modified to commit the respondent to outpatient treatment.
(b) A recommendation under subsection (a) shall do both
of the following:
(1) State the grounds for the director's determination
that outpatient treatment is the least restrictive alternative
necessary and available for the treatment of the respondent's
mental illness or mental illness with a secondary diagnosis of
co-occurring substance use disorder .
(2) Identify the designated mental health facility to
which the director recommends that the respondent be committed
for outpatient treatment.
(c) Notice of the recommendation under subsection (a)
shall be provided to both of the following:
(1) The respondent.
(2) The director of the designated mental health
facility identified under subsection (b), unless the director
is the individual making the recommendation.
(d) Upon request of the respondent or any other
interested party, the probate court shall hold a hearing on
the recommendation. The probate courtjudge of probate shall
appoint an attorney to represent the respondent at the
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appoint an attorney to represent the respondent at the
hearing. The hearing shall be conducted in accordance with
Section 22-52-9.
(e) If a hearing is not requested, the judge of probate
court may make a decision regarding the facility director's
recommendation based upon both of the following:
(1) The grounds stated in the recommendation.
(2) Consultation with the director of the designated
mental health facility, or his or her designee, concerning the
availability of resources to treat the respondent as an
outpatient.
(f) If the probate court modifies the order, the
modified order shall conform to all requirements of an
original commitment to outpatient treatment under Section
22-52-10.3, except that the modified order may not extend
beyond the term of the original order by more than 60 days."
Section 2. Section 15-16-26 is added to the Code of
Alabama 1975, to read as follows:
§15-16-26
Notwithstanding Section 15-16-20, Code of Alabama 1975,
if a commitment order has been issued pursuant to Title 22,
Chapter 52, Code of Alabama 1975, but cannot be fulfilled
because the respondent is subsequently confined solely for
misdemeanor charges or municipal ordinance violations, the
judge of probate who issued the commitment order may
communicate with the judge of the district, municipal, or
circuit court who ordered the respondent to be confined to
discuss whether he or she will issue an order to discharge the
respondent from confinement and suspend the criminal
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respondent from confinement and suspend the criminal
proceedings temporarily so that the commitment order may be
fulfilled. The court shall give the prosecuting attorney an
opportunity to object to the discharge order.
Section 3. This act shall become effective on January
1, 2025.
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House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Judiciary
................21-Mar-24
Read for the second time and placed
on the calendar:
1 amendment
................04-Apr-24
Read for the third time and passed
as amended
Yeas 100
Nays 1
Abstains 0
................11-Apr-24
John Treadwell
Clerk
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