(a) When a petition has been filed seeking to have limitations placed upon the liberty of a respondent pending the outcome of a final hearing on the merits, the probate judge shall order the sheriff of the county in which the respondent is located to serve a copy of the petition upon the respondent and to bring the respondent before the probate judge instanter. When any respondent against whom a petition has been filed seeking to have limitations placed upon the respondent'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 respondent and with other available persons what limitations, if any, shall be imposed upon the respondent's liberty and what temporary treatment, if any, shall be imposed upon the respondent pending further hearings. If limitations on the respondent's liberty are ordered, the probate judge may order the respondent detained under the provisions of this section at a designated mental health facility or a hospital.
(b) No limitations shall be placed upon the respondent's liberty nor treatment imposed upon the respondent unless such limitations are necessary to prevent the respondent from doing substantial and immediate harm to himself or to others or to prevent the respondent from leaving the jurisdiction of the court. No respondent shall be placed in a jail or other facility for persons accused of or convicted of committing crimes.
(c) The probate judge shall order the respondent to appear at the times and places set for hearing the petition and may order the respondent to appear at designated times and places to be examined by licensed medical doctors or qualified mental health professionals. If the respondent does not appear as ordered by the probate judge, the probate judge may order the sheriff of the county in which the respondent is located to take the respondent into custody and compel the respondent's attendance as ordered by the probate judge. If temporary treatment or admittance to a hospital is ordered for the 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.
Structure Code of Alabama
Title 22 - Health, Mental Health, and Environmental Control.
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 22-52-8 - Holding of Probable Cause and Final Hearings Generally.
Section 22-52-9 - Conduct of Hearings.
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 22-52-10.7 - Transfer to Another Facility.
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 22-52-14 - Payment of Costs.