Code of Alabama
Article 1 - Commitment of Mentally Ill Persons Generally.
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.

Structure Code of Alabama

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 22-52-1.2 - Filing and Contents of Petition Seeking Involuntary Commitment of Another.

Section 22-52-2 - Review of Petition by Probate Judge; Examination of Petitioner; Dismissal of Petition Without Further Proceedings.

Section 22-52-3 - Service of Petition and Order Setting Petition for Hearing Upon Person Sought to Be Committed; Contents of Notice.

Section 22-52-4 - 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 22-52-5 - Appointment by Probate Judge of Attorney to Appear in Support of Petition; Employment by Petitioners of Attorney to Appear in Support of Petition.

Section 22-52-6 - Notification of Department of Mental Health and Mental Retardation or Other Public Facility of Petition, Date of Final Hearing, Etc.

Section 22-52-7 - Restrictions on Imposition of Limitations Upon Liberty of Person Sought to Be Committed Pending Hearings; Ordering, etc., of Examinations of Person Sought to Be Committed; Supervision of Temporary Treatment.

Section 22-52-8 - Holding of Probable Cause and Final Hearings Generally.

Section 22-52-9 - Conduct of Hearings.

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 22-52-10.2 - Findings Necessary for Outpatient Treatment.

Section 22-52-10.3 - Order for Outpatient Treatment.

Section 22-52-10.4 - Findings Necessary for Inpatient Treatment; Order When No Treatment Available.

Section 22-52-10.5 - Facilities for Inpatient Treatment; Length of Treatment; Cost.

Section 22-52-10.6 - Petition for Renewal of Inpatient Commitment Order; Probate Court; Special Judge; Notice; Hearing.

Section 22-52-10.7 - Transfer to Another Facility.

Section 22-52-10.8 - Order for Involuntary Commitment for Inpatient Treatment to Be Entered Into Criminal Justice Information System and Nics; Redaction of Order Upon Removal of Limitation to Purchase Firearm.

Section 22-52-10.9 - Order Finding Defendant Insane, Mentally Incompetent, etc., to Be Entered Into Information Systems; Civil Review.

Section 22-52-10.10 - Renewal of Outpatient Commitment Order.

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

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

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

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

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 Transfer...

Section 22-52-14 - Payment of Costs.

Section 22-52-15 - Appeals.

Section 22-52-16 - Applicability of Article.

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