reglab/housing_qa huggingface dataset:
AL Code § 22-52-10.4 (2021)
2021 Code of Alabama|Title 22 - Health, Mental Health, and Environmental Control.|Title 2 - Mental Health.|Chapter 52 - Commitment, Discharge and Transfer of Persons in State Institutions.|Article 1 - Commitment of Mentally Ill Persons Generally.|Section 22-52-10.4 - Findings Necessary for Inpatient Treatment; Order When No Treatment Available.

Section 22-52-10.4Findings necessary for inpatient treatment; order when no treatment available. (a) A respondent may be committed to inpatient treatment if the probate court finds, based upon clear and convincing evidence that: (i) the respondent is mentally ill; (ii) as a result of the mental illness the respondent poses a real and present threat of substantial harm to self and/or others; (iii) the respondent will, if not treated, continue to suffer mental distress and will continue to experience deterioration of the ability to function independently; and (iv) the respondent is unable to make a rational and informed decision as to whether or not treatment for mental illness would be desirable. (b) If the probate judge finds that no treatment is presently available for the respondent's mental illness, but that confinement is necessary to prevent the respondent from causing substantial harm to himself or to others, the order committing the respondent shall provide that, should treatment for the respondent's mental illness become available at any time during the period of the respondent's confinement, such treatment shall be made available to him immediately. (Acts 1991, No. 91-440, p. 783, §14.)
AL Code § 22-52-10.5 (2021)
2021 Code of Alabama|Title 22 - Health, Mental Health, and Environmental Control.|Title 2 - Mental Health.|Chapter 52 - Commitment, Discharge and Transfer of Persons in State Institutions.|Article 1 - Commitment of Mentally Ill Persons Generally.|Section 22-52-10.5 - Facilities for Inpatient Treatment; Length of Treatment; Cost.

Section 22-52-10.5Facilities for inpatient treatment; length of treatment; cost. (a) At the final hearing on a petition for involuntary commitment or a hearing for the revocation of a prior order for commitment to outpatient treatment, the probate court may order that the respondent be committed to: (i) the department for inpatient treatment at a state mental health facility, or (ii) the department for inpatient treatment at a designated mental health facility. (b) Pursuant to this section, an order for inpatient treatment shall not exceed 150 days. (c) No county shall be required to pay the cost of inpatient treatment provided at a state mental health facility or inpatient treatment authorized by the department at a designated mental health facility. (Acts 1991, No. 91-440, p. 783, §15.)
AL Code § 22-52-10.7 (2021)
2021 Code of Alabama|Title 22 - Health, Mental Health, and Environmental Control.|Title 2 - Mental Health.|Chapter 52 - Commitment, Discharge and Transfer of Persons in State Institutions.|Article 1 - Commitment of Mentally Ill Persons Generally.|Section 22-52-10.7 - Transfer to Another Facility.

Section 22-52-10.7Transfer to another facility. A respondent committed to inpatient treatment may be transferred from any treatment facility to another treatment facility when deemed to be in the best interest of the respondent. Any law enforcement officer or any designated employee of the department or designated mental health facility shall have the authority to transport committed respondents from any facility to any other facility within the State of Alabama so long as it is in the best interest of the committed respondents. (Acts 1991, No. 91-440, p. 783, §17.)
AL Code § 22-52-10.10 (2021)
2021 Code of Alabama|Title 22 - Health, Mental Health, and Environmental Control.|Title 2 - Mental Health.|Chapter 52 - Commitment, Discharge and Transfer of Persons in State Institutions.|Article 1 - Commitment of Mentally Ill Persons Generally.|Section 22-52-10.10 - Renewal of Outpatient Commitment Order.

Section 22-52-10.10Renewal of outpatient commitment order. (a) A petition for renewal of an outpatient commitment order may be filed by the director of a designated mental health facility or his or her designee at least 30 days prior to the expiration of the current commitment order. The petition, together with a copy of the original commitment order and copies of any subsequent renewal commitment orders, shall be filed with the probate court of the county where the commitment was originally ordered. The petition shall explain in detail why renewal of the order is being requested and shall include testimony affirming the facility's belief that the respondent meets the requirements for renewal pursuant to Section 22-52-10.2.  (b) The judge of probate shall conduct a hearing, within 30 days after the date of petition, to consider the petition for renewal of the commitment order.  (c) Adequate written notice shall be provided to the respondent prior to the hearing.  (d) The hearing shall be conducted in accordance with Section 22-52-9. A copy of the order shall be forwarded to the probate court having original jurisdiction. The burden of proof shall be to prove, based on clear and convincing evidence, the criteria as prescribed in Section 22-52-10.2.  (e) Any order renewing an order for commitment to outpatient treatment shall not exceed a period of one year.  (f) In cases where outpatient treatment has been renewed, a revocation petition seeking inpatient treatment may not be filed and a new petition seeking inpatient treatment shall be required. (Act 2019-398, §1.)
AL Code § 22-52-11 (2021)
2021 Code of Alabama|Title 22 - Health, Mental Health, and Environmental Control.|Title 2 - Mental Health.|Chapter 52 - Commitment, Discharge and Transfer of Persons in State Institutions.|Article 1 - Commitment of Mentally Ill Persons Generally.|Section 22-52-11 - Retention of Jurisdiction by Probate Court Over Person Committed.

Section 22-52-11Retention of jurisdiction by probate court over person committed. The probate court involuntarily committing a respondent shall retain jurisdiction over the respondent concurrently with the probate court of the county in which the respondent is subsequently located for so long as the respondent is subject to the commitment order, and the probate court committing the respondent may hold any hearing regarding the respondent at any place within the State of Alabama where the respondent may be located. (Acts 1975, No. 1226, p. 2562, §13; Acts 1977, No. 670, p. 1143; Acts 1991, No. 91-440, p. 783, §18.)
AL Code § 22-52-12 (2021)
2021 Code of Alabama|Title 22 - Health, Mental Health, and Environmental Control.|Title 2 - Mental Health.|Chapter 52 - Commitment, Discharge and Transfer of Persons in State Institutions.|Article 1 - Commitment of Mentally Ill Persons Generally.|Section 22-52-12 - Conveyance of Person Committed to Facility; Expenses of Conveyance.

Section 22-52-12Conveyance of person committed to facility; expenses of conveyance. The probate judge shall order one or more persons or law enforcement officers to convey any respondent involuntarily committed for inpatient treatment to the department or to a designated mental health facility as the court may order, and all necessary expenses incurred by the persons or officers conveying the respondent shall be taxed as costs of the proceeding. (Acts 1975, No. 1226, p. 2562, §15; Acts 1977, No. 670, p. 1143; Acts 1991, No. 91-440, p. 783, §19.)
AL Code § 22-52-12.1 (2021)
2021 Code of Alabama|Title 22 - Health, Mental Health, and Environmental Control.|Title 2 - Mental Health.|Chapter 52 - Commitment, Discharge and Transfer of Persons in State Institutions.|Article 1 - Commitment of Mentally Ill Persons Generally.|Section 22-52-12.1 - Designated Mental Health Facilities; Standards of Care.

Section 22-52-12.1Designated mental health facilities; standards of care. (a) The department shall designate certain mental health facilities that shall have the authority to receive respondents for evaluation, admission, detention, treatment and discharge pursuant to the provisions of this chapter. (b) The department shall establish standards of care and services to be rendered by each designated mental health facility and shall certify those facilities designated to provide evaluation, admission, detention, treatment and discharge. (c) The probate judges of the State of Alabama may commit respondents, who meet the criteria for involuntary commitment, to a designated mental health facility. Provided, however, that such designated mental health facility shall not be required to accept a committed respondent if they are unable to provide proper services and treatment. (d) The designated mental health facilities shall have the authority to contract with public or private mental health facilities, subject to approval by the department, for care and treatment of committed respondents. (Acts 1991, No. 91-440, p. 783, §22.)
AL Code § 22-52-12.2 (2021)
2021 Code of Alabama|Title 22 - Health, Mental Health, and Environmental Control.|Title 2 - Mental Health.|Chapter 52 - Commitment, Discharge and Transfer of Persons in State Institutions.|Article 1 - Commitment of Mentally Ill Persons Generally.|Section 22-52-12.2 - Renewal Petition Time Limit for Certain Patients.

Section 22-52-12.2Renewal petition time limit for certain patients. With regard to those patients who shall have been committed to state mental health facilities for 150 days or more as of January 1, 1992, the directors of such facilities or their designees shall petition for renewal of the commitment orders affecting such patients as appropriate. Said petitions shall be filed within a reasonable period of time not to exceed one year. All proceedings under this section shall be conducted in accordance with the provisions of Section 22-52-10.6. (Acts 1991, No. 91-440, p. 783, §23.)
AL Code § 22-52-13 (2021)
2021 Code of Alabama|Title 22 - Health, Mental Health, and Environmental Control.|Title 2 - Mental Health.|Chapter 52 - Commitment, Discharge and Transfer of Persons in State Institutions.|Article 1 - Commitment of Mentally Ill Persons Generally.|Section 22-52-13 - Transfer of Persons Committed to Veterans Administration or Other Federal Agency; Powers, etc., of Chief Officers of Veterans Administration Hospitals, etc., With Respect to Retention, Transfer, Treatment, etc., of Persons Transferred Thereto, etc.; Effect of Foreign Judgments or Orders of Commitment Committing Persons to Veterans Administration or Other Federal Agency.

Section 22-52-13Transfer of persons committed to Veterans Administration or other federal agency; powers, etc., of chief officers of Veterans Administration Hospitals, etc., with respect to retention, transfer, treatment, etc., of persons transferred thereto, etc.; effect of foreign judgments or orders of commitment committing persons to Veterans Administration or other federal agency. (a) Any respondent involuntarily committed by the probate court to the custody of the department or designated mental health facility as the court may order, who is entitled to care and treatment at a facility operated by the United States Veterans Administration or other agency of the United States government, may be transferred by the department to the United States Veterans Administration or other agency of the United States on such terms and conditions as may be agreed upon by the department and the Veterans Administration or other agency. Upon such transfer, the committed respondent shall be subject to the applicable regulations of the Veterans Administration or other agency of the United States. (b) The chief officer of the Veterans Administration Hospital or other facility operated by the United States to which committed respondents are transferred, as provided in subsection (a) or under the law in effect at the time of commitment, shall have the same powers as are exercised by the directors of state mental health facilities with respect to the retention, transfer, treatment or discharge of committed respondents, and such chief officer and the physicians of such facility shall be exempt from attending court as witnesses in the same manner and to the same extent provided by law for directors and physicians of state mental health facilities. (c) The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia committing a respondent to the United States Veterans Administration or other agency of the United States government or any facility operated by such administration or agency for care or treatment shall have the same force and effect as to the respondent while in this state as in the state or district in which is situated the court entering such judgment or making such order. (Acts 1975, No. 1226, p. 2562, §14; Acts 1977, No. 670, p. 1143; Acts 1991, No. 91-440, p. 783, §20.)
AL Code § 22-52-14 (2021)
2021 Code of Alabama|Title 22 - Health, Mental Health, and Environmental Control.|Title 2 - Mental Health.|Chapter 52 - Commitment, Discharge and Transfer of Persons in State Institutions.|Article 1 - Commitment of Mentally Ill Persons Generally.|Section 22-52-14 - Payment of Costs.

Section 22-52-14Payment of costs. In any commitment proceeding, the fees of any attorney appointed by the probate judge to act as advocate for the petition and any attorney or guardian ad litem appointed by the probate judge for the person sought to be committed shall be set at the rates established by Section 15-12-21; and any expert employed to offer expert testimony, in such amounts as found to be reasonable by the probate judge; and all other costs allowable by law shall be paid by the state general fund upon order of the probate judge; except, that if the petition is denied and the petitioner is not indigent and is not a law enforcement officer or other public official acting within the line and scope of his duties, all costs may be taxed against the petitioner, or if the petition is granted and the person sought to be committed is not indigent, the probate judge may order all costs paid from the estate of the person committed. (Acts 1975, No. 1226, p. 2562, §11; Acts 1977, No. 670, p. 1143; Acts 1984, 1st Ex. Sess., No. 84-833, §2.)
AL Code § 22-52-15 (2021)
2021 Code of Alabama|Title 22 - Health, Mental Health, and Environmental Control.|Title 2 - Mental Health.|Chapter 52 - Commitment, Discharge and Transfer of Persons in State Institutions.|Article 1 - Commitment of Mentally Ill Persons Generally.|Section 22-52-15 - Appeals.

Section 22-52-15Appeals. An appeal from an order of the probate court granting a petition seeking to commit a respondent to the custody of the department or designated mental health facility as the court may order lies to the circuit court for trial de novo unless the probate judge who granted the petition was learned in the law, in which case the appeal lies to the Alabama Court of Civil Appeals on the record. Notice of appeal shall be given in writing to the probate judge within five days after the respondent has received actual notice of the granting of the petition and shall be accompanied by security for costs, to be approved by the probate judge, unless the probate judge finds that the respondent is indigent, in which case no security for costs shall be required. Upon the filing of a notice of appeal, the probate judge shall determine and enter an order setting forth the limitations to be placed upon the liberty of the respondent pending the appeal. Upon the filing of a notice of appeal, the probate judge shall certify the record to the clerk of the reviewing court. The petition shall be set for hearing by the reviewing court within 60 days of the date the notice of appeal is filed in the probate court, and such hearing shall not be continued except upon motion in writing by the respondent for good cause. The costs of the proceedings in the reviewing court shall be taxed in the same manner as in the probate court. All requirements relative to hearings in probate court shall apply to appeals heard in the circuit court. (Acts 1975, No. 1226, p. 2562, §12; Acts 1977, No. 670, p. 1143; Acts 1991, No. 91-440, p. 783, §21.)
AL Code § 22-52-16 (2021)
2021 Code of Alabama|Title 22 - Health, Mental Health, and Environmental Control.|Title 2 - Mental Health.|Chapter 52 - Commitment, Discharge and Transfer of Persons in State Institutions.|Article 1 - Commitment of Mentally Ill Persons Generally.|Section 22-52-16 - Applicability of Article.

Section 22-52-16Applicability of article. This article does not apply to commitment to the custody of the State Department of Mental Health of individuals under the age of 19 years who are mentally ill. (Act 2019-447, §1.)
AL Code § 22-52-17 (2021)
2021 Code of Alabama|Title 22 - Health, Mental Health, and Environmental Control.|Title 2 - Mental Health.|Chapter 52 - Commitment, Discharge and Transfer of Persons in State Institutions.|Article 1 - Commitment of Mentally Ill Persons Generally.|Section 22-52-17 - Public Facilities Other Than Department of Mental Health Not Required to Perform Mental Evaluations; Exceptions.

Section 22-52-17Public facilities other than Department of Mental Health not required to perform mental evaluations; exceptions. Notwithstanding any other language in this article, the following limitations shall apply. No public facility other than the Department of Mental Health may be required (as distinguished from authorized) by the probate court to perform any mental evaluation of a person sought to be committed for use in any final commitment hearing except: (1) In an emergency case wherein no other source or agency which is funded or mandated by federal law, state law or both to provide such services is objectively capable of performing such evaluation within the time limit imposed by law; or (2) In an emergency case wherein no other source or agency operates to perform such evaluation in such emergency case, a public hospital may be required to accept a person sought to be committed for the provision of hospital care, if such person is admitted to the public hospital or other facility by a medical doctor who has agreed to provide professional services, including evaluation of the patient, prior to admission to the public hospital or other facility. In all stages in the proceedings, including final commitment, public facilities may be utilized only with and upon their concurrence and upon written certification by the Department of Mental Health that no facility of the Mental Health Department is available or capable of performing said mental evaluation. The probate judge shall order and the sheriff shall deliver said person to the nearest available facility of the Department of Mental Health for evaluation. The sheriff shall receive reimbursement for expenses in transporting said persons to and from the facility at the rate allowed in Section 36-7-20. The cost of conveying such person shall be taxed as costs of the proceeding. (Acts 1977, No. 670, p. 1143; Acts 1984, 1st Ex. Sess., No. 84-833, §1.)
AL Code § 22-52-30 (2021)
2021 Code of Alabama|Title 22 - Health, Mental Health, and Environmental Control.|Title 2 - Mental Health.|Chapter 52 - Commitment, Discharge and Transfer of Persons in State Institutions.|Article 2 - Commitment, Recommitment or Continuation in Custody of State of Certain Persons.|Section 22-52-30 - Definitions.

Section 22-52-30Definitions. When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) CAPACITY TO PROCEED OR CONTINUE TO TRIAL. Whether or not a defendant accused of a crime: a. Understands the nature of the charges preferred against him; and b. Is capable of assisting his attorney in the preparation of the defense of his case. (2) COMMISSIONER. The Commissioner of the Department of Mental Health of the State of Alabama. (3) SUPERINTENDENT. The superintendent or director of Bryce Hospital located in Tuscaloosa County, the superintendent or director of Searcy Hospital located in Mobile County or the superintendent or director of any such facility as defined in subdivision (4) of this section. (4) FACILITY. Any state-owned or state-operated hospital or other facility, whether currently operating or to be operated in the future, utilized for the diagnosis, care, treatment, training or hospitalization of persons who are mentally ill or who are believed to be mentally ill and any other appropriate facility within the State of Alabama approved for such purpose by the Department of Mental Health, excluding those general hospitals owned by a state educational institution which is a public corporation organized under the acts of the Legislature of the State of Alabama. Such exclusion, however, shall not deny the governing authority of such hospital the right to contractually agree to provide services to the mentally ill. (Acts 1975, No. 1228, p. 2576, §1.)
AL Code § 22-52-31 (2021)
2021 Code of Alabama|Title 22 - Health, Mental Health, and Environmental Control.|Title 2 - Mental Health.|Chapter 52 - Commitment, Discharge and Transfer of Persons in State Institutions.|Article 2 - Commitment, Recommitment or Continuation in Custody of State of Certain Persons.|Section 22-52-31 - Proceedings for Civil Commitment of Persons Accused of Crimes, Committed to Custody of Department of Mental Health and Determined to Be Unable to Attain Capacity to Proceed to Trial in Foreseeable Future; Effect of Such Civil Commitment Upon Statute of Limitations, Etc.

Section 22-52-31Proceedings for civil commitment of persons accused of crimes, committed to custody of Department of Mental Health and determined to be unable to attain capacity to proceed to trial in foreseeable future; effect of such civil commitment upon statute of limitations, etc. (a) Upon certification by the superintendent of Bryce or Searcy Hospital or any other facility so designated by the commissioner that any person accused of a crime and committed to the custody of the department in one of its facilities has been determined by appropriate members of the medical staffs of said facilities as designated by the superintendent to be unable to attain the capacity to proceed to trial in the foreseeable future, the commissioner or his designee is hereby authorized to petition the judges of probate of Tuscaloosa or Mobile Counties or any judge of probate where such facility exists for an order of civil commitment to the Department of Mental Health. All of the subsequent provisions of this article shall apply where the commissioner seeks such order. (b) Nothing in this section shall be construed to require any prosecuting attorney of the state, county or municipality to dismiss pending criminal charges against any defendant who has been voluntarily or involuntarily civilly committed because a determination was made that he did not have the capacity to proceed or continue to trial in the foreseeable future. (c) Civil commitment to the custody of the Department of Mental Health shall have the effect of tolling the applicable statute of limitation of the crime for which the defendant is charged; and, once the defendant is released from said custody, the prosecuting attorney shall forthwith reinstate the charges and proceed with the prosecution of the case. (Acts 1975, No. 1228, p. 2576, §2.)