Alabama 2024 Regular Session

Alabama Senate Bill SB240 Compare Versions

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55 By Senator Barfoot
66 RFD: Judiciary
77 First Read: 21-Mar-24
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12-5 SB240 Enrolled
12+5 SB240 Engrossed
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1414 First Read: 21-Mar-24
15-Enrolled, An Act,
15+A BILL
16+TO BE ENTITLED
17+AN ACT
1618 Relating to the Alabama Department of Mental Health; to
1719 amend Sections 22-52-1.1, 22-52-1.2, 22-52-3, 22-52-7,
1820 22-52-10.1, as last amended by Act 2023-472 of the 2023
1921 Regular Session, 22-52-10.2, 22-52-10.4, 22-52-10.11, and
2022 22-52-11 of the Code of Alabama 1975; to authorize a judge of
2123 probate to involuntarily commit an individual who suffers from
2224 a substance use disorder that occurs secondarily to a primary
2325 diagnosis of one or more mental illnesses; to provide for a
2426 change in jurisdiction of the sheriff who is required to serve
2527 the commitment petition on the respondent; to authorize the
2628 judge of probate to establish a procedure for placing
2729 limitations on the respondent's liberty, if any, pending a
2830 final hearing; to allow the judge of probate to determine the
2931 appropriate medical evaluation process, if any, for the
3032 respondent prior to final hearing; and to add Section 15-16-26
3133 to the Code of Alabama 1975, to provide a process for the
3234 committing judge of probate to seek relief for the respondent
3335 from temporary criminal confinement, under certain
3436 circumstances, to fulfill a pending commitment order; and to
3537 provide that mental health providers are not required to
36-expand existing services unless its currently available funds
37-support the expansion.
38-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
39-Section 1. Sections 22-52-1.1, 22-52-1.2, 22-52-3,
40-22-52-7, 22-52-10.1, as last amended by Act 2023-472, of the
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67+provide that mental health providers are not required to
68+expand existing services unless its currently available funds
69+support the expansion.
70+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
71+Section 1. Sections 22-52-1.1, 22-52-1.2, 22-52-3,
7072 22-52-7, 22-52-10.1, as last amended by Act 2023-472, of the
7173 2023 Regular Session, 22-52-10.2, 22-52-10.4, 22-52-10.11 and
7274 22-52-11, Code of Alabama 1975, are amended to read as
7375 follows:
7476 "§22-52-1.1
7577 (a) When used in this article, the following terms
7678 shall have the following meanings, respectively, unless the
7779 context clearly indicates otherwise:
7880 (1) COMMISSIONER. The Commissioner of the Alabama State
7981 Department of Mental Health.
8082 (2) CO-OCCURRING SUBSTANCE USE DISORDER. A substance
8183 use disorder that occurs secondarily to a primary diagnosis of
8284 one or more mental illnesses.
8385 (2)(3) DEPARTMENT. The Alabama State Department of
8486 Mental Health.
8587 (3)(4) DESIGNATED MENTAL HEALTH FACILITY. A mental
8688 health facility, other than a state mental health facility,
8789 which is designated by the State Department of Mental Health
8890 to receive individuals for evaluation, examination, admission,
8991 detention, or treatment pursuant to this article.
9092 (4)(5) INPATIENT TREATMENT. Treatment being provided to
9193 an individual at a state mental health facility or a
9294 designated mental health facility which has been specifically
9395 designated by the department for inpatient treatment.
94-(5)(6) INVOLUNTARY COMMITMENT. Court-ordered mental
95-health services in either an outpatient or inpatient setting.
96-(6)(7) MENTAL ILLNESS. A psychiatric disorder of
97-thought or mood which significantly impairs judgment,
98-behavior, capacity to recognize reality, or ability to cope
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125+designated by the department for inpatient treatment.
126+(5)(6) INVOLUNTARY COMMITMENT. Court-ordered mental
127+health services in either an outpatient or inpatient setting.
128+(6)(7) MENTAL ILLNESS. A psychiatric disorder of
129+thought or mood which significantly impairs judgment,
128130 behavior, capacity to recognize reality, or ability to cope
129131 with the ordinary demands of life ., or a diagnosis designated
130132 as a Serious Mental Illness (SMI), as defined in the then
131133 current edition of the Diagnostic and Statistical Manual of
132134 Mental Disorders. The term specifically excludes the primary
133135 diagnosis of epilepsy , a substance use disorder , an
134136 intellectual disability, substance abuse, including
135137 alcoholism, or a developmental disability.
136138 (7)(8) OUTPATIENT TREATMENT. Treatment being provided
137139 to an individual in a nonresidential setting who is not
138140 admitted for 24-hour-a-day care.
139141 (8)(9) REAL AND PRESENT THREAT OF SUBSTANTIAL HARM TO
140142 SELF OR OTHERS. A significant risk that an individual who is
141143 exhibiting behavior consistent with a mental illness, as a
142144 result of the mental illness, will do either of the following:
143145 a. By action or inaction, cause, allow, or inflict
144146 serious bodily harm upon himself, herself, or another
145147 individual.
146148 b. Be unable to satisfy his or her need for
147149 nourishment, medical care, shelter, or self-protection so that
148150 there is a substantial likelihood of death, serious bodily
149151 harm, serious physical debilitation, serious mental
150152 debilitation, or life-threatening disease.
151153 (9)(10) RESPONDENT. An individual for whom a petition
152-for commitment to mental health services has been filed.
153-(10)(11) STATE MENTAL HEALTH FACILITY. A mental health
154-facility operated by the Alabama State Department of Mental
155-Health.
156-(12) SUBSTANCE USE DISORDER. A cluster of cognitive,
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183+(9)(10) RESPONDENT. An individual for whom a petition
184+for commitment to mental health services has been filed.
185+(10)(11) STATE MENTAL HEALTH FACILITY. A mental health
186+facility operated by the Alabama State Department of Mental
187+Health.
186188 (12) SUBSTANCE USE DISORDER. A cluster of cognitive,
187189 behavioral, and physiological symptoms indicating that the
188190 individual continues using a substance despite significant
189191 substance-related problems, such as impaired control, social
190192 impairment, risky behaviors, and pharmacological tolerance and
191193 withdrawal.
192194 (b) The Legislature finds for purposes of this article
193195 substance use disorder is commonly associated with mental
194196 illness and providers who provide these services serve a
195197 public purpose."
196198 "§22-52-1.2
197199 (a) Any person individual may file a petition seeking
198200 the involuntary commitment of another personindividual. The
199201 petition shall be filed in the probate court of the county in
200202 which the respondent is located. The petition shall be in
201203 writing, executed under oath, and shall include the following
202204 information:
203205 (1) The name and address, if known, of the respondent.
204206 (2) The name and address, if known, of the respondent's
205207 spouse, legal counsel, or next-of-kin.
206208 (3) That the petitioner has reason to believe the
207209 respondent is mentally ill or is mentally ill with a secondary
208210 diagnosis of co-occurring substance use disorder .
209211 (4) That the beliefs of the petitioner are based on
210-specific behavior, acts, attempts, or threats, which shall be
211-specified and described in detail.
212-(5) The names and addresses of other persons
213-individuals with knowledge of the respondent's mental illness
214-or mental illness with a secondary diagnosis of co-occurring
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241+(4) That the beliefs of the petitioner are based on
242+specific behavior, acts, attempts, or threats, which shall be
243+specified and described in detail.
244+(5) The names and addresses of other persons
245+individuals with knowledge of the respondent's mental illness
244246 or mental illness with a secondary diagnosis of co-occurring
245247 substance use disorder who may be called as witnesses.
246248 The petition may be accompanied by any other relevant
247249 information.
248250 (b) The home address and the telephone number of the
249251 petitioner shall be excluded from the copy of the petition
250252 seeking the involuntary commitment provided to the respondent,
251253 however, if there is no other available address to contact the
252254 petitioner, then the home address of the petitioner shall be
253255 provided."
254256 "§22-52-3
255257 When any petition has been filed seeking the
256258 involuntary commitment of a respondent and such the petition
257259 has been reviewed by the probate judgejudge of probate , the
258260 probate judgejudge of probate shall order the sheriff of the
259261 county in which the respondent iswas located at the time of
260262 the filing to serve a copy of the petition, together with a
261263 copy of the order setting the petition for a hearing, upon the
262264 respondent. SaidThe notice shall include the date, time and
263265 place of the hearing; a clear statement of the purpose of the
264266 proceeding and the possible consequences to the subject
265267 thereof; the alleged factual basis for the proposed
266268 commitment; a statement of the legal standards upon which
267269 commitment is authorized; and a list of the names and
268-addresses of the witnesses who may be called to testify in
269-support of the petition. The hearing shall be preceded by
270-adequate notice to the respondent."
271-"§22-52-7
272-(a)(1) When a petition has been filed seeking to have
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299+commitment is authorized; and a list of the names and
300+addresses of the witnesses who may be called to testify in
301+support of the petition. The hearing shall be preceded by
302+adequate notice to the respondent."
303+"§22-52-7
302304 (a)(1) When a petition has been filed seeking to have
303305 limitations placed upon the liberty of a respondent pending
304306 the outcome of a final hearing on the merits, the probate
305307 judge judge of probate shall order the sheriff of the county
306308 in which the respondent iswas located at the time of the
307309 filing to serve a copy of the petition upon the respondent and
308310 to either bring the respondent before the judge of probate
309311 probate judge instanter or be evaluated as provided in
310312 subsection (2).
311313 (2) When any respondent against whom a petition has
312314 been filed seeking to have limitations placed upon the
313315 respondent's liberty pending the outcome of a full and final
314316 hearing on the merits is initially brought before the probate
315317 judgejudge of probate , the probate judgejudge of probate shall
316318 determine from an interview with the respondent and with other
317319 available persons what limitations, if any, shall be imposed
318320 upon the respondent's liberty and what temporary treatment, if
319321 any, shall be imposed upon the respondent pending further
320322 hearings. In making these determinations, the judge of probate
321323 may also interview any other available individuals or officers
322324 and may consult with or seek an evaluation by a licensed
323325 medical physician or qualified mental health professional. If
324326 limitations on the respondent's liberty are ordered, the
325327 probate judgejudge of probate may order the respondent
326-detained under the provisions of this section at a designated
327-mental health facility or a hospital.
328-(b) No limitations shall be placed upon the
329-respondent's liberty nor treatment imposed upon the respondent
330-unless such limitations are determined necessary by the judge
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357+probate judgejudge of probate may order the respondent
358+detained under the provisions of this section at a designated
359+mental health facility or a hospital.
360+(b) No limitations shall be placed upon the
361+respondent's liberty nor treatment imposed upon the respondent
360362 unless such limitations are determined necessary by the judge
361363 of probate to prevent the respondent from doing substantial
362364 and immediate harm to himself or to others posing a real and
363365 present threat of substantial harm to self or others or to
364366 prevent the respondent from leaving the jurisdiction of the
365367 court. No respondent shall be placed in a jail or other
366368 facility for persons individuals accused of or convicted of
367369 committing crimes.
368370 (c) The probate judgejudge of probate shall order the
369371 respondent to appear at the times and places set for hearing
370372 the petition and may order the respondent to appear at
371373 designated times and places to be examined by licensed medical
372374 doctors or qualified mental health professionals. If the
373375 respondent does not appear as ordered by the probate judge
374376 judge of probate , or if the judge of probate determines it is
375377 likely the respondent will not appear, the probate judgejudge
376378 of probate may order the sheriff of the county in which the
377379 respondent iswas located at the time of the filing to take the
378380 respondent into custody and compel the respondent's attendance
379381 as ordered by the probate judgejudge of probate . If temporary
380382 treatment or admittance to a hospital is ordered for the
381383 respondent, such the treatment shall be supervised by a
382384 licensed medical doctor physician or qualified mental health
383385 professional who has willingly consented to treat the
384-respondent, and admission to a hospital shall be ordered by a
385-licensed medical doctor who has willingly consented to admit
386-and treat the respondent."
387-"§22-52-10.1
388-(a) If at the final hearing on a petition seeking to
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415+professional who has willingly consented to treat the
416+respondent, and admission to a hospital shall be ordered by a
417+licensed medical doctor who has willingly consented to admit
418+and treat the respondent."
419+"§22-52-10.1
418420 (a) If at the final hearing on a petition seeking to
419421 involuntarily commit a respondent, the judge of probate finds,
420422 based on clear and convincing evidence, that the respondent
421423 meets the criteria for involuntary commitment, an order shall
422424 be entered for either of the following:
423425 (1) Outpatient treatment.
424426 (2) Inpatient treatment.
425427 (b) The least restrictive alternative necessary and
426428 available for the treatment of the respondent's mental illness
427429 or mental illness with a secondary diagnosis of co-occurring
428430 substance use disorder shall be ordered.
429431 (c) The petition for involuntary commitment shall be
430432 dismissed if the criteria for commitment is not proved.
431433 (d)(1) The judge of probate shall immediately report an
432434 order for involuntary commitment to the Alabama State Law
433435 Enforcement Agency, in a manner prescribed by the Alabama
434436 Justice Information Commission, for entry into the state
435437 firearms prohibited person database and the National Instant
436438 Criminal Background Check (NICS) system.
437439 (2) The judge of probate shall report to the Alabama
438440 State Law Enforcement Agency, in a method determined by the
439441 commission, updates to any order for involuntary commitment
440442 that was previously forwarded to the Alabama State Law
441443 Enforcement Agency under this section, including notice of any
442-reversal of petition or appeal."
443-"§22-52-10.2
444-(a) A respondent may be committed to outpatient
445-treatment if the probate court, based upon clear and
446-convincing evidence, finds all of the following:
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473+Enforcement Agency under this section, including notice of any
474+reversal of petition or appeal."
475+"§22-52-10.2
476+(a) A respondent may be committed to outpatient
477+treatment if the probate court, based upon clear and
476478 convincing evidence, finds all of the following:
477479 (1) The respondent has a mental illness or a mental
478480 illness with a secondary diagnosis of co-occurring substance
479481 use disorder.
480482 (2) As a result of the mental illness , or mental
481483 illness with secondary diagnosis of co-occurring substance use
482484 disorder, the respondent, if not treated, will suffer mental
483485 distress and experience deterioration of the ability to
484486 function independently.
485487 (3) The respondent is unable to maintain consistent
486488 engagement with outpatient treatment on a voluntary basis, as
487489 demonstrated by either of the following:
488490 a. The respondent's actions occurring within the
489491 two-year period immediately preceding the hearing.
490492 b. Specific aspects of the respondent's clinical
491493 condition that significantly impair the respondent's ability
492494 to consistently make rational and informed decisions as to
493495 whether to participate in treatment for mental illness.
494496 (b) Upon a recommendation made by the designated mental
495497 health facility currently providing outpatient treatment that
496498 the respondent's outpatient commitment order should be
497499 renewed, a probate court may enter an order to renew the
498500 commitment order upon the expiration of time allotted for
499501 treatment by the original outpatient treatment order if the
500-judge of probate court finds, based upon clear and convincing
501-evidence, all of the following:
502-(1) The respondent has a mental illness or a mental
503-illness with a secondary diagnosis of co-occurring substance
504-use disorder.
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531+treatment by the original outpatient treatment order if the
532+judge of probate court finds, based upon clear and convincing
533+evidence, all of the following:
534+(1) The respondent has a mental illness or a mental
535+illness with a secondary diagnosis of co-occurring substance
534536 use disorder.
535537 (2) As a result of the mental illness or mental illness
536538 with a secondary diagnosis of co-occurring substance use
537539 disorder, the respondent, if treatment is not continued, will
538540 suffer mental distress and experience deterioration of the
539541 ability to function independently.
540542 (3) The respondent remains unable to maintain
541543 consistent engagement with outpatient treatment on a voluntary
542544 basis."
543545 "§22-52-10.4
544546 (a) A respondent may be committed to inpatient
545547 treatment if the judge of probate court, based upon clear and
546548 convincing evidence, finds that all of the following are true:
547549 (1) The respondent has a mental illness or a mental
548550 illness with a secondary diagnosis of co-occurring substance
549551 use disorder.
550552 (2) As a result of the mental illness , or mental
551553 illness with a secondary diagnosis of co-occurring substance
552554 use disorder, the respondent poses a real and present threat
553555 of substantial harm to self or others.
554556 (3) The respondent, if not treated, will continue to
555557 suffer mental distress and continue to experience
556558 deterioration of the ability to function independently.
557559 (4) The respondent is unable to make a rational and
558-informed decision as to whether or not treatment for mental
559-illness or mental illness with a secondary diagnosis of
560-co-occurring substance use disorder would be desirable.
561-(b) If the probate judge judge of probate finds that no
562-treatment is presently available for the respondent's mental
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589+(4) The respondent is unable to make a rational and
590+informed decision as to whether or not treatment for mental
591+illness or mental illness with a secondary diagnosis of
592+co-occurring substance use disorder would be desirable.
593+(b) If the probate judge judge of probate finds that no
592594 treatment is presently available for the respondent's mental
593595 illness or mental illness with a secondary diagnosis of
594596 co-occurring substance use disorder , but that confinement is
595597 necessary to prevent the respondent from causing substantial
596598 harm to himself or herself or to others, the order committing
597599 the respondent shall provide that, should treatment for the
598600 respondent's mental illness or mental illness with a secondary
599601 diagnosis of co-occurring substance use disorder become
600602 available at any time during the period of the respondent's
601603 confinement, the treatment shall be made available to him or
602604 her immediately.
603605 (c) In determining whether an individual poses a real
604606 and present threat of substantial harm to self or others, all
605607 available relevant information shall be considered, including
606608 any known relevant aspects of the individual's psychosocial,
607609 medical, and psychiatric history, in addition to the
608610 individual's current behavior.
609611 (d) Nothing in this section shall be construed as
610612 requiring a mental health provider to expand their current
611613 services if necessary funding is not provided. "
612614 "§22-52-10.11
613615 (a) The director of a state mental health facility or
614616 designated mental health facility to which a respondent is
615617 currently committed for inpatient treatment, not later than 30
616-days prior to the expiration of the current commitment order,
617-shall assess the appropriateness of transferring the
618-respondent to outpatient treatment as the least restrictive
619-alternative necessary and available for the treatment of the
620-respondent's mental illness or mental illness with a secondary
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647+currently committed for inpatient treatment, not later than 30
648+days prior to the expiration of the current commitment order,
649+shall assess the appropriateness of transferring the
650+respondent to outpatient treatment as the least restrictive
651+alternative necessary and available for the treatment of the
650652 respondent's mental illness or mental illness with a secondary
651653 diagnosis of co-occurring substance use disorder . The director
652654 may recommend to the probate court in writing that the order
653655 be modified to commit the respondent to outpatient treatment.
654656 (b) A recommendation under subsection (a) shall do both
655657 of the following:
656658 (1) State the grounds for the director's determination
657659 that outpatient treatment is the least restrictive alternative
658660 necessary and available for the treatment of the respondent's
659661 mental illness or mental illness with a secondary diagnosis of
660662 co-occurring substance use disorder .
661663 (2) Identify the designated mental health facility to
662664 which the director recommends that the respondent be committed
663665 for outpatient treatment.
664666 (c) Notice of the recommendation under subsection (a)
665667 shall be provided to both of the following:
666668 (1) The respondent.
667669 (2) The director of the designated mental health
668670 facility identified under subsection (b), unless the director
669671 is the individual making the recommendation.
670672 (d) Upon request of the respondent or any other
671673 interested party, the probate court shall hold a hearing on
672674 the recommendation. The probate courtjudge of probate shall
673675 appoint an attorney to represent the respondent at the
674-hearing. The hearing shall be conducted in accordance with
675-Section 22-52-9.
676-(e) If a hearing is not requested, the judge of probate
677-court may make a decision regarding the facility director's
678-recommendation based upon both of the following:
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705+appoint an attorney to represent the respondent at the
706+hearing. The hearing shall be conducted in accordance with
707+Section 22-52-9.
708+(e) If a hearing is not requested, the judge of probate
709+court may make a decision regarding the facility director's
708710 recommendation based upon both of the following:
709711 (1) The grounds stated in the recommendation.
710712 (2) Consultation with the director of the designated
711713 mental health facility, or his or her designee, concerning the
712714 availability of resources to treat the respondent as an
713715 outpatient.
714716 (f) If the probate court modifies the order, the
715717 modified order shall conform to all requirements of an
716718 original commitment to outpatient treatment under Section
717719 22-52-10.3, except that the modified order may not extend
718720 beyond the term of the original order by more than 60 days."
719721 Section 2. Section 15-16-26 is added to the Code of
720722 Alabama 1975, to read as follows:
721723 §15-16-26
722724 Notwithstanding Section 15-16-20, Code of Alabama 1975,
723725 if a commitment order has been issued pursuant to Title 22,
724726 Chapter 52, Code of Alabama 1975, but cannot be fulfilled
725727 because the respondent is subsequently confined solely for
726728 misdemeanor charges or municipal ordinance violations, the
727729 judge of probate who issued the commitment order may
728730 communicate with the judge of the district, municipal or
729731 circuit court who ordered the respondent to be confined to
730732 discuss whether he or she will issue an order to discharge the
731733 respondent from confinement and suspend the criminal
732-proceedings temporarily so that the commitment order may be
733-fulfilled. The court shall give the prosecuting attorney an
734-opportunity to object to the discharge order.
735-Section 3. This act shall become effective on January
736-1, 2025.
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764-364 SB240 Enrolled
761+364 SB240 Engrossed
765762 Page 14
763+respondent from confinement and suspend the criminal
764+proceedings temporarily so that the commitment order may be
765+fulfilled. The court shall give the prosecuting attorney an
766+opportunity to object to the discharge order.
767+Section 3. This act shall become effective on January
766768 1, 2025.
767-________________________________________________
768-President and Presiding Officer of the Senate
769-________________________________________________
770-Speaker of the House of Representatives
771-SB240
772-Senate 09-Apr-24
773-I hereby certify that the within Act originated in and passed
774-the Senate, as amended.
775-Patrick Harris,
776-Secretary.
777-House of Representatives
778-Passed: 25-Apr-24
779-By: Senator Barfoot
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774+370 SB240 Engrossed
775+Page 15
776+Senate
777+Read for the first time and referred
778+to the Senate committee on Judiciary
779+................21-Mar-24
780+Read for the second time and placed
781+on the calendar:
782+ 1 amendment
783+................03-Apr-24
784+Read for the third time and passed
785+as amended
786+Yeas 34
787+Nays 0
788+Abstains 0
789+................09-Apr-24
790+Patrick Harris,
791+Secretary.
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