(a) When a petition has been filed, seeking to have limitations placed upon the liberty of a person, pending the outcome of a final hearing on the merits, the probate judge shall order the sheriff of the county in which such person is located, to serve a copy of the petition upon such person and to bring such person before the probate judge instanter. When any such person against whom a petition has been filed, seeking to have limitations placed upon such person's liberty pending the outcome of a full and final hearing on the merits, is initially brought before the probate judge, the probate judge shall determine from an interview with the person sought to be committed and with other available persons, what limitations, if any, shall be imposed upon such person's liberty and what temporary treatment, if any, shall be imposed upon such person pending further hearings.
(b) No limitations shall be placed upon such person's liberty nor treatment imposed upon such person unless such limitations are necessary to prevent such person from doing substantial and immediate harm to himself or to others or to prevent such person from leaving the jurisdiction of the court. No person shall be placed in a jail or other facility for persons accused of or convicted of committing crimes unless such person poses an immediate, real and present threat of substantial harm to himself or to others, and no other appropriate public facility is available to safely detain such person.
(c) When any person sought to be committed has any limitations 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 limitations 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 such person should be detained temporarily and finds that temporary treatment would be in the best interest of the person sought to be committed, the probate judge shall enter an order so stating and setting the date, time and place of a final hearing on the merits of the petition. The final hearing shall be set within 30 days of the filing of the petition.
Structure Code of Alabama
Title 22 - Health, Mental Health, and Environmental Control.
Title 1 - Health and Environmental Control Generally.
Chapter 11A - Reporting Notifiable Diseases.
Article 1 - General Provisions.
Section 22-11A-1 - State Board of Health to Designate Notifiable Diseases and Health Conditions.
Section 22-11A-3 - Action of Health Officer Upon Being Notified of Diseases; Quarantine.
Section 22-11A-5 - When State Board of Health to Take Charge of Investigation.
Section 22-11A-6 - Penalty for Failure to Make Report.
Section 22-11A-7 - Persons Having Notifiable Disease to Obey Directions of Health Officials.
Section 22-11A-9 - Tuberculosis Cases to Be Reported; Contents of Report; Reports Confidential.
Section 22-11A-11 - Contract Hospitals to Admit Indigent Patients With Chronic Lung Diseases; Costs.
Section 22-11A-13 - Sexually Transmitted Diseases.
Section 22-11A-25 - Commitment Petition - Contents.
Section 22-11A-27 - Commitment Petition - Notice of Petition to Be Served; Contents.
Section 22-11A-29 - Commitment Petition - Appointment of Guardian Ad Litem and Attorney.
Section 22-11A-31 - Commitment Petition - Rules to Apply at Hearings.
Section 22-11A-33 - Probate Court Retains Jurisdiction Over Person Committed.
Section 22-11A-35 - Attorney and Expert Fees.
Section 22-11A-37 - Testing and Treatment of Inmate of Correctional Facility.
Section 22-11A-40 - Laboratory Tests for AIDS and Other Diseases; Violations.
Section 22-11A-41 - Approval of Testing or Diagnostic Kits.
Section 22-11A-42 - Fees for Services by Bureau of Clinical Laboratories.