reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 4A - Alabama Alzheimer's and Demetia Education, Care, and Training Act. › Section 22-50-82 - Development of Educational Programs and Services; Instructors and Training.

Section 22-50-82
Development of educational programs and services; instructors and training.
(a) Subject to Section 22-50-84, the Department of Public Health may develop educational programs and services concerning Alzheimer's disease, dementia, and related diseases. These programs and services shall be offered to individuals with Alzheimer's disease, dementia, or related diseases, the families of these individuals, and the general public.
(b)(1) The department may provide instructors to train and provide support to each of the following:
a. Members of the families of individuals with Alzheimer's disease, dementia, or similar diseases.
b. Health care providers who provide care for individuals with Alzheimer's disease, dementia, or similar diseases at the home of the individual or a member of the family of the individual, or a similar residential location.
c. Other caregivers who provide care for individuals with Alzheimer's disease, dementia, or similar diseases at the home of the affected individual or a member of the family of the individual, or similar residential location.
(2) These instructors may provide technical assistance, training, support, and advice that will accomplish both of the following:
a. Encourage the providing of long-term care for such individuals in the home of the individual, or a member of the family of the individual, or a similar residential location.
b. Reduce health care costs to the state, the family of the affected individual, and health care facilities.
(Act 2019-453, §3; Act 2019-499, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 4A - Alabama Alzheimer's and Demetia Education, Care, and Training Act. › Section 22-50-83 - Rulemaking Authority.

Section 22-50-83
Rulemaking authority.
The Department of Public Health may adopt rules to implement this article.
(Act 2019-453, §4; Act 2019-499, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 4A - Alabama Alzheimer's and Demetia Education, Care, and Training Act. › Section 22-50-84 - Appropriation of Funds; Fees.

Section 22-50-84
Appropriation of funds; fees.
(a) The Legislature may appropriate funding to establish and implement the requirements of this article and to maintain the programs and services required by this article.
(b) The Department of Public Health may implement the requirements of this article to the extent funding is provided.
(c) The department may accept gifts, grants, and donations offered in support of the services established by this article.
(d) The department may assess reasonable fees from recipients of the services provided by this article, if the recipient is able to pay for the services. If the recipient is able to pay a portion of a fee, the department shall collect that portion from the recipient. All fees collected shall be used by the department for the purposes of this article.
(Act 2019-453, §5; Act 2019-499, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 5 - Criminal History Background Information Regarding Direct Care Providers. › Section 22-50-90 - Definitions.

Section 22-50-90
Definitions.
(a) When used in this article, the following words and terms shall have the following meanings:
(1) CRIMINAL HISTORY BACKGROUND INFORMATION. Any information collected and stored in the criminal record repository of the Federal Bureau of Investigation (FBI) reflecting the result of an arrest, detention, or initiation of a criminal proceeding by criminal justice agencies, including, but not limited to, arrest record information, fingerprint cards, correctional induction and release information, identifiable descriptions, and notations of arrests, detention, indictments, or other formal charges. The term shall not include analytical records or investigative reports that contain criminal intelligence information or criminal investigation information.
(2) DIRECT CARE PROVIDER. A psychiatrist, medical doctor, psychologist, social worker, community service specialist, therapist, nurse, mental health worker, foster care provider, police officer, and any other employee or person who has direct contact with the clients and patients served by the Alabama Department of Mental Health pursuant to a contract with the department.
(b) Pursuant to Public Law 92-544 (86 Stat. 1115) and with the approval of the Attorney General of the United States, the Alabama Department of Mental Health may use the Alabama State Law Enforcement Agency to secure criminal history background information through the Federal Bureau of Investigation (FBI) on persons with whom the Department of Mental Health employs or contracts with, or both, to be direct care providers to clients and patients. The information shall be provided by the Alabama State Law Enforcement Agency to the Department of Mental Health pursuant to Section 32-2-61. Any request by the Department of Mental Health for the information on a direct care provider applicant shall include a complete set of fingerprints for each applicant and shall comply with the applicable administrative rules and procedures of the Alabama State Law Enforcement Agency.
(Acts 1994, No. 94-583, p. 1069, §1; Acts 1995, No. 95-192, p. 267, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 5 - Criminal History Background Information Regarding Direct Care Providers. › Section 22-50-91 - Administrative Rules and Procedures.

Section 22-50-91
Administrative rules and procedures.
The Department of Mental Health shall promulgate administrative rules and procedures to carry out this article which do not infringe on the constitutional rights of any person affected by this article, including those necessary to safeguard the confidentiality of any criminal history background information requested and secured under this article.
(Acts 1994, No. 94-583, p. 1069, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 51 - Regional Mental Health Programs and Facilities. › Section 22-51-2 - Incorporation of Public Corporations - Authorized.

Section 22-51-2
Incorporation of public corporations - Authorized.
By proceeding in the manner set forth in this chapter, any number of natural persons, not less than three, may form a public corporation to contract with the State Board of Health or the Alabama Department of Mental Health in constructing and operating facilities and in carrying out programs in particular areas of the state.
(Acts 1967, No. 310, p. 853, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 51 - Regional Mental Health Programs and Facilities. › Section 22-51-3 - Incorporation of Public Corporations - Application - Contents.

Section 22-51-3
Incorporation of public corporations - Application - Contents.
The said natural persons, referred to in Section 22-51-2, shall file a written application with each governing body from which they desire authority to incorporate. Such applications shall:
(1) Describe in general terms the area of the state which will be served by the proposed facilities, which description will be sufficient if stated with reference to counties, municipalities, unincorporated communities or any part or combination thereof;
(2) State the location of the principal office of the proposed corporation;
(3) Submit such documents or evidence which the incorporators may consider appropriate, which shall include documents from the Alabama Department of Mental Health and the State Board of Health showing that the facilities and programs, which the incorporators propose to establish will be in accordance with minimum standards and criteria established by such boards;
(4) State which aspects of the programs, as defined in this chapter, the said incorporators propose to implement;
(5) State that each of the incorporators is a resident of the area which will be served by such proposed facilities and programs; and
(6) Request that each governing body, with which such application is filed, adopt a resolution approving the formation of the proposed corporation.
(Acts 1967, No. 310, p. 853, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 51 - Regional Mental Health Programs and Facilities. › Section 22-51-4 - Incorporation of Public Corporations - Application - Approval.

Section 22-51-4
Incorporation of public corporations - Application - Approval.
Upon the adoption by each governing body to which an application was sent of a resolution approving the formation of the said corporation, the incorporators, or not less than three of them, shall proceed to complete the incorporation in the manner provided in this chapter.
(Acts 1967, No. 310, p. 853, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 51 - Regional Mental Health Programs and Facilities. › Section 22-51-5 - Incorporation of Public Corporations - Certificate of Incorporation - Contents.

Section 22-51-5
Incorporation of public corporations - Certificate of incorporation - Contents.
The certificate of incorporation shall state:
(1) The names of the persons forming it, together with their addresses, and that each is a resident of the area which will be served by the proposed corporation;
(2) The name of the corporation;
(3) The location of the principal office of the corporation;
(4) The statement contained in the application which describes the area which will be served by the proposed corporation;
(5) The name of each governing body with which an application was filed in accordance with Section 22-51-3;
(6) A statement of which aspects of the programs the corporation will implement; and
(7) Any other matters that the incorporators may choose to insert that are not inconsistent with this chapter or with other laws of the state.
(Acts 1967, No. 310, p. 853, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 51 - Regional Mental Health Programs and Facilities. › Section 22-51-6 - Incorporation of Public Corporations - Certificate of Incorporation - Execution and Recording.

Section 22-51-6
Incorporation of public corporations - Certificate of incorporation - Execution and recording.
A certificate of incorporation, in the form provided in Section 22-51-5, shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds and shall have attached thereto a certified copy of each of the resolutions provided for in Section 22-51-4 and a certificate by the Secretary of State that the name proposed for the corporation is not identical to that of any other corporation organized under the laws of the state or so nearly similar thereto as to lead to confusion and uncertainty. The certificate of incorporation, together with the documents required by the preceding sentence to be attached thereto, shall be filed for record in the office of the judge of probate of the county specified in the certificate of incorporation as the county in which the principal office of the corporation shall be located. The said judge of probate shall forthwith receive and record the same. When the certificate of incorporation and attached documents have been so filed, the corporation referred to therein shall come into existence and shall constitute a public corporation vested with the rights and powers granted in this chapter under the name set forth in such certificate of incorporation.
(Acts 1967, No. 310, p. 853, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 51 - Regional Mental Health Programs and Facilities. › Section 22-51-7 - Incorporation of Public Corporations - Certificate of Incorporation - Amendments.

Section 22-51-7
Incorporation of public corporations - Certificate of incorporation - Amendments.
The certificate of incorporation may be amended, from time to time, to provide for any objective that was not included in the original certificate of incorporation by proceeding as follows:
(1) The board of directors of the corporation, subject to the approval of the Alabama Department of Mental Health, shall first adopt a resolution setting forth and approving the proposed amendment.
(2) The proposed amendment shall then be submitted to each governing body which has appointed or is entitled to appoint a member of the said board as it is constituted at the time of the adoption of the said resolution setting forth and approving the proposed amendment.
(3) If a governing body to which the proposed amendment is submitted shall find that the said amendment is in the public interest, and prima facie proof that it is in the public interest shall consist of proof that it has been approved by the Alabama Department of Mental Health, it shall adopt a resolution approving the said amendment; if any governing body to which the proposed amendment was submitted shall find that the said amendment is not in the public interest, it shall adopt a resolution disapproving the said amendment.
(4) A proposed amendment shall become effective immediately upon its being filed in the office of the judge of probate of the county in which the said principal office is located, and if the amendment provides for a change in the location of the principal office, it shall become effective immediately upon the filing of the original certification of incorporation, together with the amendment thereto, in the office of the judge of probate of the county in which the said principal office is to be relocated, as shown by the said amendment.
(Acts 1967, No. 310, p. 853, §11.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 51 - Regional Mental Health Programs and Facilities. › Section 22-51-8 - Board of Directors - Composition; Appointment, Qualifications, Terms and Compensation of Members; Vacancies; Executive Committee.

Section 22-51-8
Board of directors - Composition; appointment, qualifications, terms and compensation of members; vacancies; executive committee.
Each corporation shall be governed by a board of directors of nine or more members, selected as provided in this section. Each governing body which authorized the formation of the corporation shall appoint three members of the said board of directors; provided, that if the area to be served by the corporation shall be located wholly within an area governed by a single governing body, the said governing body shall appoint nine members to the said board; provided further, that if the said area to be served shall be located wholly within an area governed by at least two, but not more than two, governing bodies, or if the formation of the board was authorized by only two governing bodies, each of the said governing bodies shall be entitled to appoint at least five members of the said board, or such other number as may be provided by the certificate of incorporation or any amendment thereto. If there are more than 16 directors, they shall appoint from among their number an executive committee consisting of nine members, which shall have and exercise the powers and authority of the board of directors, subject to the general supervision and control of the said board. Every member of the board of directors must be a resident of the area which he or she represents and which is to be served by the proposed facilities. The terms of the initial members of the board appointed by the governing bodies, as provided above, shall begin immediately upon their appointments and shall end at noon on April 1 of the succeeding odd-numbered calendar years following the appointments as designated by said governing body at the time of their said appointments. Thereafter, the term of office of each director shall be six years. The terms of office of the said directors shall be arranged so that the terms of office of approximately one third of all directors will end at noon on April 1, in each odd-numbered calendar year. A member of the board of directors shall hold office until his or her successor has been appointed and qualified. The respective appointing authorities shall appoint or reappoint a qualified person as a member of the board of directors whenever a member's term expires or whenever a position becomes vacant for any other reason. A member of the board of directors shall receive no compensation for his or her services.
(Acts 1967, No. 310, p. 853, §7; Acts 1980, No. 80-794, p. 1626.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 51 - Regional Mental Health Programs and Facilities. › Section 22-51-9 - Board of Directors - Meetings; Quorum; Constitution and Bylaws.

Section 22-51-9
Board of directors - Meetings; quorum; constitution and bylaws.
The board of directors shall hold monthly meetings and such special meetings as may be called, from time to time, on at least two days' notice given by the chairman or by any three members thereof, said notice to be given to each member thereof; provided, that where the board of directors exceeds 16 members, the executive committee shall meet at least monthly and the complete board of directors shall meet at least every six months. The said board shall adopt a constitution and bylaws, to be subject to this chapter, the certificate of incorporation and laws of the State of Alabama. Three members of the said board shall constitute a quorum for the transaction of business. A copy of the constitution and bylaws shall also be filed with the Alabama Department of Mental Health.
(Acts 1967, No. 310, p. 853, §8.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 51 - Regional Mental Health Programs and Facilities. › Section 22-51-10 - Professional Advisory Committee.

Section 22-51-10
Professional advisory committee.
The board of directors of the corporation shall appoint a professional advisory committee of three or more members, one of which must be a physician practicing in the area of the board's jurisdiction.
(Acts 1967, No. 310, p. 853, §9.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 51 - Regional Mental Health Programs and Facilities. › Section 22-51-11 - Powers of Corporation.

Section 22-51-11
Powers of corporation.
Any corporation organized pursuant to the provisions of this chapter, is hereby authorized and empowered to exercise the following powers in addition to others granted in this chapter:
(1) To construct and maintain facilities as defined in Section 22-51-4;
(2) To cooperate and contract with the State Board of Health for the construction of such facilities;
(3) To cooperate and contract with the Alabama Department of Mental Health for the construction, operation and maintenance of such facilities and for the operation and execution of such programs as it has elected to implement;
(4) To take over by purchase, lease or otherwise any hospital or other facilities to be used for carrying out such programs as it has elected to implement;
(5) To arrange with any appropriate local or state agencies for the opening or closing of streets, roadways, alleys or other rights-of-way or easements and to exercise the power of eminent domain;
(6) To purchase, lease or rent any land, building, structure or facilities needed in its operations;
(7) To enter upon buildings or property in order to conduct investigations or to make surveys or soundings;
(8) To obtain options upon, and to acquire by purchase, gift, grant, bequest, devise or otherwise, any property, or interest therein, from any person;
(9) To sell, exchange, transfer, assign or pledge any property, or any interest therein, to any person;
(10) To improve any such property;
(11) To insure against such risks as it may deem advisable;
(12) To borrow money upon its bonds, notes, warrants, debentures or other evidences of indebtedness and to secure the same by pledges of its revenues;
(13) To have perpetual succession;
(14) To make and execute contracts and other instruments necessary or convenient to the exercise of its powers;
(15) To determine reasonable fees for services which it makes available to the public and collect such fees, unless, on application and investigation, it is determined that the person receiving such services is unable to pay the established fee, and in such case, such amount as he or she is able to pay will be collected;
(16) To make and from time to time amend and repeal bylaws, rules and regulations not inconsistent with this chapter;
(17) To carry into effect the powers and purposes conferred by this chapter; and
(18) To do any and all other things necessary or convenient to carry out the powers given in this chapter.
(Acts 1967, No. 310, p. 853, §10.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 51 - Regional Mental Health Programs and Facilities. › Section 22-51-12 - Control of Facilities and Programs.

Section 22-51-12
Control of facilities and programs.
Nothing in this chapter shall be construed to mean that the facilities and programs provided for in this chapter are to be under the direction or control of any person other than the board of directors appointed by the governing bodies, as provided in Section 22-51-8, as long as said board of directors complies with the minimum standards of construction, maintenance and operation adopted by the State Board of Health and the minimum standards and criteria established by the Alabama Department of Mental Health.
(Acts 1967, No. 310, p. 853, §13.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 51 - Regional Mental Health Programs and Facilities. › Section 22-51-13 - Taxation Exemption.

Section 22-51-13
Taxation exemption.
The corporations authorized in this chapter and their property, including bonds, conveyances, mortgages, leases, and deeds, and all income from such property and the operation of programs shall be exempt from all taxation, and no excise tax may be imposed on any corporation for the privilege of engaging in any of the activities authorized by this chapter; provided, that the corporation must adhere to minimum standards for licensure as provided by Chapter 50 of this title.
(Acts 1967, No. 310, p. 853, §14.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 51 - Regional Mental Health Programs and Facilities. › Section 22-51-14 - Appropriations by Local Governing Bodies.

Section 22-51-14
Appropriations by local governing bodies.
The governing bodies which are entitled to appoint a member of the board of directors are hereby authorized to appropriate their respective shares of the cost of construction of the facilities as determined upon by agreement between the board of directors and the respective governing bodies; and the said governing bodies are hereby authorized to appropriate their respective shares of the cost of operating such programs as the corporation shall have elected to implement, as determined by agreement between the Alabama Department of Mental Health, the board of directors and the respective governing bodies, notwithstanding the fact that the said facilities may be located in a county other than the county whose governing body makes the said appropriations.
(Acts 1967, No. 310, p. 853, §12.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 51 - Regional Mental Health Programs and Facilities. › Section 22-51-15 - Limitations of Liability for Certain Regional Mental Health Entities, Directors, and Employees.

Section 22-51-15
Limitations of liability for certain regional mental health entities, directors, and employees.
(a) This section shall be construed to supersede any protections limiting damages described in Article 8 of Chapter 47 of Title 11, and Chapter 93 of Title 11, which may have been available to entities organized pursuant to this chapter.
(b) When directors and employees of an entity organized pursuant to this chapter are engaged in the discharge of services or programs certified and contracted for by the Alabama Department of Mental Health, the directors and employees shall be entitled to immunity to the same extent and under the same circumstances afforded to state employees pursuant to Section 36-1-12.
(c) An entity organized pursuant to this chapter shall not be liable for any conduct protected pursuant to subsection (b).
(d) Subsections (b) and (c) do not apply to subcontractors or independent contractors of an entity organized pursuant to this chapter.
(e) This section only applies to claims that accrue on or after August 1, 2021.
(Act 2021-437, §1.)
2023 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 22-52-1.1 - Definitions.

Section 22-52-1.1
Definitions.
When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) MENTAL ILLNESS. A psychiatric disorder of thought and/or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. Mental illness, as used herein, specifically excludes the primary diagnosis of epilepsy, mental retardation, substance abuse, including alcoholism, or a developmental disability.
(2) STATE MENTAL HEALTH FACILITY. A mental health facility operated by the Alabama State Department of Mental Health.
(3) DESIGNATED MENTAL HEALTH FACILITY. A mental health facility other than a state mental health facility designated by the State Department of Mental Health to receive persons for evaluation, examination, admission, detention or treatment pursuant to the provisions of this article.
(4) COMMISSIONER. The Commissioner of the Alabama State Department of Mental Health.
(5) OUTPATIENT TREATMENT. Treatment being provided to a person in a nonresidential setting and who is not admitted for 24-hour-a-day care.
(6) INPATIENT TREATMENT. Treatment being provided to a person at a state mental health facility or a designated mental health facility which has been specifically designated by the department for inpatient treatment.
(7) RESPONDENT. A person for which a petition for commitment to mental health services has been filed.
(8) DEPARTMENT. The Alabama State Department of Mental Health.
(9) INVOLUNTARY COMMITMENT. Court ordered mental health services in either an outpatient or inpatient setting.
(Acts 1991, No. 91-440, p. 783, §2.)
2023 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 22-52-1.2 - Filing and Contents of Petition Seeking Involuntary Commitment of Another.

Section 22-52-1.2
Filing and contents of petition seeking involuntary commitment of another.
(a) Any person may file a petition seeking the involuntary commitment of another person. 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.
(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 with knowledge of respondent's mental illness 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.
(Acts 1991, No. 91-440, p. 783, §3; Acts 1996, No. 96-492, p. 623, §1.)
2023 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 22-52-2 - Review of Petition by Probate Judge; Examination of Petitioner; Dismissal of Petition Without Further Proceedings.

Section 22-52-2
Review of petition by probate judge; examination of petitioner; dismissal of petition without further proceedings.
(a) When any petition is filed seeking the involuntary commitment of a respondent, the probate judge shall immediately review the petition and shall require the petitioner to be sworn and answer under oath questions regarding the petition and the respondent.
(b) If it appears from the face of the petition or from the testimony of the petitioner that the petition is totally without merit, the probate judge shall order the petition dismissed without further proceedings.
(Acts 1975, No. 1226, p. 2562, §2; Acts 1977, No. 670, p. 1143; Acts 1991, No. 91-440, p. 783, §4.)
2023 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 22-52-3 - Service of Petition and Order Setting Petition for Hearing Upon Person Sought to Be Committed; Contents of Notice.

Section 22-52-3
Service of petition and order setting petition for hearing upon person sought to be committed; contents of notice.
When any petition has been filed seeking the involuntary commitment of a respondent and such petition has been reviewed by the probate judge, the probate judge shall order the sheriff of the county in which the respondent is located to serve a copy of the petition, together with a copy of the order setting the petition for a hearing, upon the respondent. Said 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 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.
(Acts 1975, No. 1226, p. 2562, §3; Acts 1977, No. 670, p. 1143; Acts 1991, No. 91-440, p. 783, §5.)
2023 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 22-52-4 - Appointment of Attorney and Guardian Ad Litem for Person Sought to Be Committed; Statements, etc., of Person in Presence of Judge, Prior to Obtaining Services of Attorney, Not to Be Considered by Judge.

Section 22-52-4
Appointment of attorney and guardian ad litem for person sought to be committed; statements, etc., of person in presence of judge, prior to obtaining services of attorney, not to be considered by judge.
(a) At the time when any petition has been filed seeking the involuntary commitment of a respondent, the probate judge shall appoint a guardian ad litem to represent and to protect the rights of the respondent, and shall determine if the respondent has the funds with which to employ an attorney to represent the respondent and if the respondent has the mental ability to secure the services of an attorney. If the respondent does not have funds with which to employ an attorney or does not have the mental ability to secure the services of an attorney, the probate judge shall appoint an attorney, who may be the same person as the guardian ad litem, to represent the respondent. The probate judge shall immediately inform the attorney so appointed of his appointment.
(b) No statement made or act done by the respondent in the presence of the probate judge prior to the respondent obtaining the services of an attorney, by appointment or otherwise, shall be considered by the probate judge in determining whether the respondent should be committed.
(Acts 1975, No. 1226, p. 2562, §4; Acts 1977, No. 670, p. 1143; Acts 1991, No. 91-440, p. 783, §6.)
2023 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 22-52-5 - Appointment by Probate Judge of Attorney to Appear in Support of Petition; Employment by Petitioners of Attorney to Appear in Support of Petition.

Section 22-52-5
Appointment by probate judge of attorney to appear in support of petition; employment by petitioners of attorney to appear in support of petition.
The probate judge shall appoint an attorney to serve as the advocate in support of the petition to commit in all matters regarding a petition to commit. If the person or persons filing a petition to have a person committed wish to employ an attorney of their own choosing to appear in support of the petition, they may do so, and such attorney shall serve in lieu of attorney appointed by the probate judge.
(Acts 1975, No. 1226, p. 2562, §9; Acts 1977, No. 670, p. 1143.)
2023 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 22-52-6 - Notification of Department of Mental Health and Mental Retardation or Other Public Facility of Petition, Date of Final Hearing, Etc.

Section 22-52-6
Notification of Department of Mental Health and Mental Retardation or other public facility of petition, date of final hearing, etc.
(a) When a petition is filed seeking the involuntary commitment of a respondent, the probate judge with whom the petition is filed shall notify the department or designated mental health facility of the pendency of the petition in the manner and with such other information as designated by the department.
(b) The probate judge shall notify the department or a designated mental health facility of the date of the final hearing on the petition to commit.
(Acts 1975, No. 1226, p. 2562, §7; Acts 1977, No. 670, p. 1143; Acts 1991, No. 91-440, p. 783, §7.)
2023 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 22-52-8 - Holding of Probable Cause and Final Hearings Generally.

Section 22-52-8
Holding of probable cause and final hearings generally.
(a) When any respondent sought to be committed has any limitation imposed upon his liberty or any temporary treatment imposed upon him by the probate judge pending final hearings on such petition, the probate judge, at the time such limitation or treatment is imposed, shall set a probable cause hearing within seven days of the date of such imposition. If, at such probable cause hearing, the probate judge finds that probable cause exists that the respondent should be detained temporarily and finds that temporary treatment would be in the best interest of the respondent, the probate judge shall enter an order so stating and setting the date, time and place of a final hearing on the merits of such petition.
(b) The final hearing shall be held within 30 days of the date that the respondent was served with a copy of the petition seeking to commit the respondent.
(c) If temporary treatment or admittance to a hospital is ordered for any respondent, such treatment shall be supervised by a licensed medical doctor or qualified mental health 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.
(Acts 1975, No. 1226, p. 2562, §6; Acts 1977, No. 670, p. 1143; Acts 1991, No. 91-440, p. 783, §9.)
2023 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 22-52-9 - Conduct of Hearings.

Section 22-52-9
Conduct of hearings.
At all hearings, including probable cause hearings, conducted by the probate judge in relation to a petition to involuntarily commit a respondent, the following rules shall apply:
(1) The respondent shall be present unless, prior to the hearing, the attorney for the respondent has filed in writing a waiver of the presence of the respondent on the ground that the presence of the respondent would be dangerous to the respondent's physical or mental health or that the respondent's conduct could reasonably be expected to prevent the hearing from being held in an orderly manner, and the probate judge has judicially found and determined from evidence presented in an adversary hearing that the respondent is so mentally or physically ill as to be incapable of attending such proceedings. Upon such findings an order shall be entered approving the waiver.
(2) The respondent shall have the right to compel the attendance of any witness who may be located anywhere in the State of Alabama and to offer evidence including the testimony of witnesses, to be confronted with the witnesses in support of the petition, to cross-examine them and to testify in his own behalf, but the respondent shall not be compelled to testify against himself. The attorney representing the respondent shall be vested with all of the rights of said respondent during all of the hearings if the respondent is not present in court to exercise his rights.
(3) The probate judge shall cause the hearing to be transcribed or recorded stenographically, mechanically or electronically and shall retain such transcription for a period of not less than three years from the date the petition is denied or granted and not less than the duration of any commitment pursuant to such hearing.
(4) All hearings shall be heard by the probate judge without a jury and shall be open to the public unless the respondent or his attorney requests in writing that the hearings be closed to the public.
(5) The rules of evidence applicable in other judicial proceedings in this state shall be followed in involuntary commitment proceedings.
(Acts 1975, No. 1226, p. 2562, §8; Acts 1977, No. 670, p. 1143; Acts 1991, No. 91-440, p. 783, §10.)
2023 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 22-52-10.1 - (Effective Upon the Implementation of Act 2021-246) Order Entered Where Judge Finds Criteria Met; Dismissal of Petition; Reports to the Alabama State Law Enforcement Agency.

Section 22-52-10.1
(Effective upon the implementation of Act 2021-246) Order entered where judge finds criteria met; dismissal of petition; reports to the Alabama State Law Enforcement Agency.
(a) If at the final hearing on a petition seeking to involuntarily commit a respondent, the probate judge finds, based on clear and convincing evidence, that the respondent meets the criteria for involuntary commitment, an order shall be entered for:
(1) Outpatient treatment; or
(2) Inpatient treatment.
The least restrictive alternative necessary and available for the treatment of the respondent's mental illness shall be ordered.
(b) The petition for involuntary commitment shall be dismissed if the criteria for commitment is not proved.
(c)(1) The judge shall immediately report an order for inpatient treatment 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 shall report to the Alabama State Law Enforcement Agency, in a method determined by the commission, updates to any order for inpatient treatment which was previously forwarded to the Alabama State Law Enforcement Agency under this section, including notice of any reversal of petition or appeal.
(Acts 1991, No. 91-440, p. 783, §11; Act 2021-246, §5.)
2023 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 22-52-10.2 - Findings Necessary for Outpatient Treatment.

Section 22-52-10.2
Findings necessary for outpatient treatment.
THIS SECTION WAS AMENDED BY ACT 2022-202 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
(a) A respondent may be committed to outpatient treatment if the probate court finds, based upon clear and convincing evidence, all of the following:
(1) The respondent is mentally ill.
(2) As a result of the mental illness, the respondent will, if not treated, continue to suffer mental distress and will continue to experience deterioration of the ability to function independently.
(3) The respondent is unable to make a rational and informed decision as to whether or not treatment for mental illness would be desirable.
(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 probate court finds, based upon clear and convincing evidence, all of the following:
(1) The respondent is mentally ill.
(2) As a result of mental illness, the respondent will, if treatment is not continued, continue to suffer mental distress and will continue to experience deterioration of the ability to function independently.
(3) The respondent is unable to independently make a rational and informed decision as to whether or not he or she needs treatment for mental illness.
(Acts 1991, No. 91-440, p. 783, §12; Act 2019-398, §1.)
2023 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 22-52-10.3 - Order for Outpatient Treatment.

Section 22-52-10.3
Order for outpatient treatment.
(a) At the final hearing on a petition for commitment seeking the involuntary commitment of a respondent, the probate court may order that the respondent participate in outpatient treatment provided by a designated mental health facility.
(b) The probate court shall not order outpatient treatment unless the designated mental health facility has consented to treat the respondent on an outpatient basis under the terms and conditions set forth by the probate court.
(c) If outpatient treatment is ordered, the order of the probate court may state the specific conditions to be followed and shall include the general condition that the respondent follow the directives and treatment plan established by the designated mental health facility.
(d) Pursuant to this section, an order for outpatient treatment shall not exceed 150 days unless the order pertains to a renewal of an outpatient commitment order up to one year as provided for by this article.
(e) The designated mental health facility shall immediately report to the probate court any material noncompliance with the outpatient treatment order. The report shall set forth the need for revocation of the outpatient treatment order and shall be verified and filed with the probate court.
(f) The probate court shall set a hearing to consider the motion for revocation of the outpatient treatment order. The hearing procedures and safeguards set forth in this article, applicable to a petition for involuntary commitment, shall be followed. If at the hearing, the probate court finds, based upon clear and convincing evidence, that the conditions of outpatient treatment have not been met, and that the respondent meets inpatient criteria, the probate court may enter an order for commitment to inpatient treatment.
(g) No county shall be financially responsible for the cost of provision of outpatient mental health services ordered pursuant to this article. The cost for the provision of outpatient services are not allowable costs under Section 22-52-14.
(Acts 1991, No. 91-440, p. 783, §13; Act 2019-398, §1.)
2023 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 22-52-10.4
Findings necessary for inpatient treatment; order when no treatment available.
THIS SECTION WAS AMENDED BY ACT 2022-202 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
(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.)