reglab/statecodes huggingface dataset:
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 22-52-10.5 - Facilities for Inpatient Treatment; Length of Treatment; Cost.

Section 22-52-10.5
Facilities 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.)
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 22-52-10.7 - Transfer to Another Facility.

Section 22-52-10.7
Transfer 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.)
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 22-52-10.10 - Renewal of Outpatient Commitment Order.

Section 22-52-10.10
Renewal 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.)
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 22-52-11 - Retention of Jurisdiction by Probate Court Over Person Committed.

Section 22-52-11
Retention 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.)
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 22-52-12 - Conveyance of Person Committed to Facility; Expenses of Conveyance.

Section 22-52-12
Conveyance 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.)
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 22-52-12.1 - Designated Mental Health Facilities; Standards of Care.

Section 22-52-12.1
Designated 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.)
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 22-52-12.2 - Renewal Petition Time Limit for Certain Patients.

Section 22-52-12.2
Renewal 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.)
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 22-52-13 - 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 22-52-13
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.
(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.)
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 22-52-14 - Payment of Costs.

Section 22-52-14
Payment 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.)
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 22-52-15 - Appeals.

Section 22-52-15
Appeals.
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.)
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 22-52-16 - Applicability of Article.

Section 22-52-16
Applicability 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.)
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 22-52-17 - Public Facilities Other Than Department of Mental Health Not Required to Perform Mental Evaluations; Exceptions.

Section 22-52-17
Public 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.)
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 2 - Commitment, Recommitment or Continuation in Custody of State of Certain Persons. › Section 22-52-30 - Definitions.

Section 22-52-30
Definitions.
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.)
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 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 22-52-31
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.
(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.)
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 2 - Commitment, Recommitment or Continuation in Custody of State of Certain Persons. › Section 22-52-32 - Proceedings Where Persons Accused of Crimes and Committed to Custody of Department of Mental Health Found Competent to Stand Trial or Charges Nolle Prossed or Dismissed.

Section 22-52-32
Proceedings where persons accused of crimes and committed to custody of Department of Mental Health found competent to stand trial or charges nolle prossed or dismissed.
Where the superintendent of Bryce or Searcy Hospital or any other facility so designated by the commissioner, after evaluation by appropriate members of the medical staffs of said facilities as so designated by the superintendent, has determined that any person accused of a crime and committed to the custody of the department in one of its facilities is competent to stand trial, or where the superintendent has been notified in writing by the committing court that charges have been nolle prossed or otherwise dismissed against any person currently confined to the custody of such facility, it shall be the duty of the superintendent to immediately notify in writing the court from which the person was committed. The court shall forthwith order the sheriff to remove the person from said facility back to the county within 72 hours of receipt of such notice, Saturdays, Sundays and holidays excluded.
(Acts 1975, No. 1228, p. 2576, §3.)
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 2 - Commitment, Recommitment or Continuation in Custody of State of Certain Persons. › Section 22-52-33 - Proceedings for Civil Commitment of Persons in Custody of Department of Mental Health Who Have Been Adjudicated "Not Guilty by Reason of insanity."

Section 22-52-33
Proceedings for civil commitment of persons in custody of Department of Mental Health who have been adjudicated "not guilty by reason of insanity."
Where any person who is currently in the custody of the Department of Mental Health has been adjudicated "not guilty by reason of insanity" pursuant to the provisions of Sections 15-16-24, 15-16-25 and 15-16-40, the commissioner or his designee shall 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.
(Acts 1975, No. 1228, p. 2576, §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 2 - Commitment, Recommitment or Continuation in Custody of State of Certain Persons. › Section 22-52-34 - Proceedings for Reevaluation and Civil Commitment or Transfer of Certain Persons in Custody of Department of Mental Health.

Section 22-52-34
Proceedings for reevaluation and civil commitment or transfer of certain persons in custody of Department of Mental Health.
(a) Where any person is in the custody of the Department of Mental Health pursuant to the provisions of Article 4 of this chapter, the commissioner shall direct the superintendent of Bryce or Searcy Hospital or any other facility so designated by the commissioner to reevaluate the mental condition of such person for a determination as to whether or not he or she meets the minimum standards for civil commitment as defined in Section 22-52-37. Where the sentence for which said person was committed has expired and where said person meets the minimum standards for involuntary civil commitment, 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 an order.
(b) Where the evaluations report that any person does not meet the minimum standards for civil commitment, the superintendent shall immediately notify in writing the commissioner of the Department of Corrections of the State of Alabama, who shall forthwith remove the person within 72 hours of receipt of such notice, Saturdays, Sundays and holidays excluded, back to the custody of the Department of Corrections.
(Acts 1975, No. 1228, p. 2576, §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 2 - Commitment, Recommitment or Continuation in Custody of State of Certain Persons. › Section 22-52-35 - Appointment of Special Probate Judges for Consideration, Hearing and Entry of Orders Pertaining to Commitment or Continued Custody of Certain Persons Committed or Transferred to Facilities of Department of Mental Health; Qualifications, Powers, etc., of Special Probate Judges; Conduct of Hearings by Special Probate Judges Generally.

Section 22-52-35
Appointment of special probate judges for consideration, hearing and entry of orders pertaining to commitment or continued custody of certain persons committed or transferred to facilities of Department of Mental Health; qualifications, powers, etc., of special probate judges; conduct of hearings by special probate judges generally.
(a) Upon application of the commissioner or his designee, the Governor may appoint one or more special judges of probate for the purpose of considering, hearing and entering appropriate orders with regard to the commitment or continued custody of such persons who have been committed by any court of this state to any facility pursuant to the provisions of Sections 15-16-24 and 15-16-40, accused of a crime but not yet tried, or transferred to such facility on order of the Governor, pursuant to the provisions of Article 4 of this chapter.
(b) A special judge of probate appointed under the provisions of this article shall be vested with all authority, duties, responsibilities and judicial functions of the probate court having jurisdiction over any person involuntarily committed by the probate court of any county in the State of Alabama to any facility operated by the Department of Mental Health. Such jurisdiction of the judges of probate of Tuscaloosa and Mobile Counties or any special judge of probate appointed under the provisions of the article shall be concurrent with the probate court having jurisdiction over the commitment or continued custody of such insane person.
(c) Any hearing conducted by the probate judge of Tuscaloosa or Mobile Counties or any special judge of probate appointed under the provisions of this article shall be conducted in the facilities provided by the Department of Mental Health wherein such persons committed as a patient are located.
(d) Any special judge of probate appointed under the provisions of this article shall be a citizen of the State of Alabama and licensed to practice law in this state; he shall not, however, be required to be a resident of the county or counties for which he is appointed.
(Acts 1975, No. 1228, p. 2576, §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 2 - Commitment, Recommitment or Continuation in Custody of State of Certain Persons. › Section 22-52-36 - Compensation of Special Probate Judges.

Section 22-52-36
Compensation of special probate judges.
(a) There is hereby appropriated to the State Comptroller from the general fund of the State Treasurer the sum of $20,000.00 for the purpose of paying salaries and expenses of such special probate judges appointed under the provisions of this article.
(b) All special judges of probate appointed under the provisions of this article shall be compensated by the State Comptroller in such amount and manner as prescribed by the Governor in his letter of appointment.
(Acts 1975, No. 1228, p. 2576, §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 3 - Admission, Discharge and Transfer of Mentally Retarded in State Institutions. › Section 22-52-50 - Definitions.

Section 22-52-50
Definitions.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1969, No. 774, p. 1384, §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 3 - Admission, Discharge and Transfer of Mentally Retarded in State Institutions. › Section 22-52-51 - Observation and Diagnosis; Admission for Care; Preference in Admission.

Section 22-52-51
Observation and diagnosis; admission for care; preference in admission.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1969, No. 774, p. 1384, §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 3 - Admission, Discharge and Transfer of Mentally Retarded in State Institutions. › Section 22-52-52 - Discharge of Individual Admitted Voluntarily - Generally.

Section 22-52-52
Discharge of individual admitted voluntarily - Generally.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1969, No. 774, p. 1384, §3.)
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 3 - Admission, Discharge and Transfer of Mentally Retarded in State Institutions. › Section 22-52-53 - Discharge of Individual Admitted Voluntarily - Request by Parent, Etc.

Section 22-52-53
Discharge of individual admitted voluntarily - Request by parent, etc.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1969, No. 774, p. 1384, §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 3 - Admission, Discharge and Transfer of Mentally Retarded in State Institutions. › Section 22-52-54 - Reception on Court Order.

Section 22-52-54
Reception on court order.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1969, No. 774, p. 1384, §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 3 - Admission, Discharge and Transfer of Mentally Retarded in State Institutions. › Section 22-52-55 - Proceedings for Court Order - Generally.

Section 22-52-55
Proceedings for court order - Generally.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1969, No. 774, p. 1384, §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 3 - Admission, Discharge and Transfer of Mentally Retarded in State Institutions. › Section 22-52-56 - Proceedings for Court Order - Expenses.

Section 22-52-56
Proceedings for court order - Expenses.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1969, No. 774, p. 1384, §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 3 - Admission, Discharge and Transfer of Mentally Retarded in State Institutions. › Section 22-52-57 - Discharge and Leave.

Section 22-52-57
Discharge and leave.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1969, No. 774, p. 1384, §8.)
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 3 - Admission, Discharge and Transfer of Mentally Retarded in State Institutions. › Section 22-52-58 - Transfer of Individuals to Other Institutions.

Section 22-52-58
Transfer of individuals to other institutions.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1969, No. 774, p. 1384, §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 4 - Commitment of Mentally Ill Prisoners. › Section 22-52-70 - Procedure for Commitment to Mental Health Facility.

Section 22-52-70
Procedure for commitment to mental health facility.
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1867, §§1067, 1068, 1069; Code 1876, §§1494, 1495, 1496; Code 1886, §§1250, 1251, 1252; Code 1896, §§2563, 2564, 2565; Code 1907, §871; Code 1923, §1456; Code 1940, T. 45, §222.)
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 4 - Commitment of Mentally Ill Prisoners. › Section 22-52-71 - Prerequisites to Conveyance of Prisoner to Mental Health Facility.

Section 22-52-71
Prerequisites to conveyance of prisoner to mental health facility.
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1896, §2568; Code 1907, §872; Code 1923, §1457; Code 1940, T. 45, §223.)
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 4 - Commitment of Mentally Ill Prisoners. › Section 22-52-72 - Report of Recovery of Prisoners.

Section 22-52-72
Report of recovery of prisoners.
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1867, §1070; Code 1876, §1497; Code 1886, §1253; Code 1896, §2566; Code 1907, §873; Code 1923, §1458; Code 1940, T. 45, §224.)
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 5 - Temporary Custody of Alleged Mentally Ill Persons by Officers. › Section 22-52-90 - Definitions.

Section 22-52-90
Definitions.
As used in this article, the following words and phrases shall have the following meanings:
(1) 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 commitment process.
(2) COMMUNITY MENTAL HEALTH OFFICER. A person who acts as a liaison between law enforcement and the general public, and who is regularly employed by a municipality within the county or regularly employed by the county commission or any public body or agency, including the state Department of Mental Health. A community mental health officer may be employed jointly or in combination by two or more governments, entities, or agencies authorized by the immediately preceding sentence. Notwithstanding the foregoing, a community mental health officer shall not be an employee of the Department of Human Resources. A community mental health officer shall possess a minimum of a Bachelor's Degree from an accredited college or university in social work or a related field or, with the approval pursuant to findings of the judge of probate, any equivalent combination of education and experience; at least one year of experience in social work; knowledge of the principles, practices, and techniques of social work as they apply to crisis intervention; knowledge of theory, principles, and practices of psychiatric social work; knowledge of federal, state, and municipal laws regarding the aiding of mental patients; and knowledge of the functions and resources of public and private social agencies in the community. The compensation of the community mental health officer shall be determined by the employing entity, entities, or agency. The state Department of Mental Health may pay part or all of the compensation, including fringe benefits, of the community mental health officer employed hereunder.
(3) COUNTY. A county in the State of Alabama.
(4) LAW ENFORCEMENT OFFICER. A policeman regularly employed by a municipality within the county or a sheriff or deputy sheriff regularly employed by the county.
(5) WITHIN THE COUNTY. A place within the boundaries of the county.
(6) STATE DEPARTMENT OF MENTAL HEALTH FACILITY. A mental health facility operated by the state Department of Mental Health and designated by the commissioner to have beds available to receive persons for evaluation, examination, admission, detention, or treatment for the purposes of carrying out the provisions of this article.
(7) COMMISSIONER. Commissioner of the state Department of Mental Health.
(Acts 1994, No. 94-690, p. 1326, §1; Act 99-574, p. 1298, §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 5 - Temporary Custody of Alleged Mentally Ill Persons by Officers. › Section 22-52-93 - Costs.

Section 22-52-93
Costs.
No county shall be required to pay costs associated with the temporary confinement or commitment of a person to a designated mental health facility, including, but not limited to, the cost of housing and treatment. All costs associated with a probable cause hearing, including cost of counsel, shall be paid by the State General Fund upon order of the judge of probate; 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 or her 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 judge of probate may order all costs paid from the estate of the person committed.
(Acts 1994, No. 94-690, p. 1326, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 53 - Support of Persons in State Mental Institutions. › Article 1 - General Provisions. › Section 22-53-1 - Persons Liable for Support and Maintenance of Inmates.

Section 22-53-1
Persons liable for support and maintenance of inmates.
Repealed by Act 98-322, §1, effective April 16, 1998.
(Acts 1953, No. 777, p. 1048, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 53 - Support of Persons in State Mental Institutions. › Article 1 - General Provisions. › Section 22-53-2 - Report by County Department of Pensions and Security.

Section 22-53-2
Report by county department of pensions and security.
Repealed by Act 98-322, §1, effective April 16, 1998.
(Acts 1953, No. 777, p. 1048, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 53 - Support of Persons in State Mental Institutions. › Article 1 - General Provisions. › Section 22-53-3 - Proceedings to Determine Liability.

Section 22-53-3
Proceedings to determine liability.
Repealed by Act 98-322, §1, effective April 16, 1998.
(Acts 1953, No. 777, p. 1048, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 53 - Support of Persons in State Mental Institutions. › Article 1 - General Provisions. › Section 22-53-4 - Monthly Bill; Changes; Judgments.

Section 22-53-4
Monthly bill; changes; judgments.
Repealed by Act 98-322, §1, effective April 16, 1998.
(Acts 1953, No. 777, p. 1048, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 53 - Support of Persons in State Mental Institutions. › Article 1 - General Provisions. › Section 22-53-5 - Bond.

Section 22-53-5
Bond.
Repealed by Act 98-322, §1, effective April 16, 1998.
(Acts 1953, No. 777, p. 1048, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 53 - Support of Persons in State Mental Institutions. › Article 2 - Reexamination of Financial Condition of Inmates and Relatives. › Section 22-53-20 - Liability for Payment for Care and Maintenance.

Section 22-53-20
Liability for payment for care and maintenance.
Repealed by Act 98-322, §1, effective April 16, 1998.
(Acts 1953, No. 778, p. 1051, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 53 - Support of Persons in State Mental Institutions. › Article 2 - Reexamination of Financial Condition of Inmates and Relatives. › Section 22-53-21 - Reexamination of Nonpaying Inmates Required.

Section 22-53-21
Reexamination of nonpaying inmates required.
Repealed by Act 98-322, §1, effective April 16, 1998.
(Acts 1953, No. 778, p. 1051, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 53 - Support of Persons in State Mental Institutions. › Article 2 - Reexamination of Financial Condition of Inmates and Relatives. › Section 22-53-22 - Jurisdiction to Determine Liability.

Section 22-53-22
Jurisdiction to determine liability.
Repealed by Act 98-322, §1, effective April 16, 1998.
(Acts 1953, No. 778, p. 1051, §8.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 53 - Support of Persons in State Mental Institutions. › Article 2 - Reexamination of Financial Condition of Inmates and Relatives. › Section 22-53-23 - List of Nonpaying Inmates to Be Furnished to Probate Judges; Report by County Department of Pensions and Security.

Section 22-53-23
List of nonpaying inmates to be furnished to probate judges; report by county department of pensions and security.
Repealed by Act 98-322, §1, effective April 16, 1998.
(Acts 1953, No. 778, p. 1051, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 53 - Support of Persons in State Mental Institutions. › Article 2 - Reexamination of Financial Condition of Inmates and Relatives. › Section 22-53-24 - Proceedings to Redetermine Liability.

Section 22-53-24
Proceedings to redetermine liability.
Repealed by Act 98-322, §1, effective April 16, 1998.
(Acts 1953, No. 778, p. 1051, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 53 - Support of Persons in State Mental Institutions. › Article 2 - Reexamination of Financial Condition of Inmates and Relatives. › Section 22-53-25 - Monthly Bill; Changes; Judgments for Payment.

Section 22-53-25
Monthly bill; changes; judgments for payment.
Repealed by Act 98-322, §1, effective April 16, 1998.
(Acts 1953, No. 778, p. 1051, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 53 - Support of Persons in State Mental Institutions. › Article 2 - Reexamination of Financial Condition of Inmates and Relatives. › Section 22-53-26 - Bond for Support.

Section 22-53-26
Bond for support.
Repealed by Act 98-322, §1, effective April 16, 1998.
(Acts 1953, No. 778, p. 1051, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 54 - Alabama Security Medical Facility. › Section 22-54-1 - Establishment Authorized; Facility to Be Under Jurisdiction of Department of Mental Health; Designation.

Section 22-54-1
Establishment authorized; facility to be under jurisdiction of Department of Mental Health; designation.
(a) The Alabama Department of Mental Health is hereby authorized to establish an institution for persons displaying evidence of mental illness or psychosocial disorders and requiring diagnostic services and treatment in a security setting.
(b) The institution shall be under the jurisdiction of the Alabama Department of Mental Health and shall be known as the Alabama Security Medical Facility.
(Acts 1975, No. 1220, p. 2545, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 54 - Alabama Security Medical Facility. › Section 22-54-2 - Sources From Which Patients May Be Admitted to Facility.

Section 22-54-2
Sources from which patients may be admitted to facility.
(a) Patients admitted to the facility may originate from the following sources:
(1) Residents of any institution under the jurisdiction of the Alabama Department of Mental Health;
(2) Commitments by the courts as mentally incompetent to stand trial under applicable state law;
(3) Referrals by the courts for psychosocial diagnosis and recommendation as part of the pretrial or presentence procedure or determination of mental competency to stand trial;
(4) Mentally ill prisoners from county and municipal jails for diagnosis, evaluation or treatment; and
(5) Mentally ill convicts under the custody of the Department of Corrections of Alabama for diagnosis, evaluation or treatment.
(b) Patients from other sources may be admitted provided such admission is not inconsistent with the law and is within the capacity of the facilities and staff to accommodate same.
(Acts 1975, No. 1220, p. 2545, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 54 - Alabama Security Medical Facility. › Section 22-54-3 - Applications for Admission; When Applications for Admission Not to Be Accepted.

Section 22-54-3
Applications for admission; when applications for admission not to be accepted.
(a) All admissions to the facility shall be by written application only. Application shall be made by the head of the state institution, agency, governmental body or court requesting same to the superintendent of the facility.
(b) An application shall not be accepted by the superintendent if by so doing the admission will result in an overcrowded condition or if adequate staff or facilities are not available.
(Acts 1975, No. 1220, p. 2545, §3.)