At all hearings conducted by the probate judge in relation to a petition to commit any person to the custody of the Alabama Department of Public Health or such other facility as the court may order, the following rules shall apply:
(1) The person sought to be committed shall be present unless, prior to the hearing, the attorney for such person has filed in writing a waiver of the presence of such person on the ground that the presence of such person would be dangerous to such person's health or that such person'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 person proposed to be committed 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 person sought to be committed 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 and to testify in his own behalf, but no such person shall be compelled to testify against himself. The attorney representing the person sought to be committed shall be vested with all rights of said person during all of the hearings if such person 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 and shall be open to the public unless the person sought to be committed 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.
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.