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ANALYSIS OF ALABAMA ASSISTED TREATMENT LAWS
Statutory Compilation Used: Michie's Alabama
Code
Current Through: 1997 Replacement Volume - Including revisions from
the
2000
Cumulative Supplement Analysis
Completed: July 12, 2001
JDS
1. When not the subject of a pending commitment action,
what are the prerequisites for an individual to receive voluntarily treatment?
There are no statutory provisions concerning voluntary
treatment. According to the Alabama Department of Mental Health Bureau of Legal
Services, voluntary admissions are handled almost exclusively by non-state
facilities. Persons who feel they are in need of voluntary treatment may admit
themselves in these programs for the necessary treatment.
2. Conditions necessary for emergency
treatment.
By petition:
§ 22-52-7(b).
"…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…"
By law enforcement officers
with community health officer:
§ 22-52-91.
-
From conditions, symptoms, and
behavior the person appears to be mentally ill; and
-
Poses an immediate danger to self or others.
3. Is mental illness/disorder defined?
Yes, § 22-52-1.1. "A psychiatric disorder of thought
and/or mood which significantly impairs judgment, behavior, capacity to
recognize reality, or ability to cope with the ordinary demands of life. Mental
illness, as used herein, specifically excludes the primary diagnosis of
epilepsy, mental retardation, substance abuse, including alcoholism, or a
developmental disability."
4. Maximum duration of emergency treatment before a
judicial hearing must be held.
By petition:
§ 22-52-8(a). "When limitation imposed shall set a probable cause
hearing within seven days of the date of such imposition.
§ 22-52-8(b). "The final hearing shall be held
within 30 days of the date that the respondent was served with a copy of the
petition seeking to commit the respondent…"
By law enforcement officer with community health
officer:
§ 22-52-91(e) & (f). "…probable cause hearing no later than fifth
business day next after detention in a facility, not to exceed seven days after
detention."
§ 22-52-91(g). "…final hearing within reasonable
time, but no sooner than will permit adequate preparation of case by counsel, or
later than 30 days from initial detention."
5. Can a potential committee avoid a hearing
determination by opting to voluntarily undergo treatment and, if so, what is the
minimum time he or she must then spend in treatment?
Nothing specified in the Alabama Mental Health Code.
6. Are there any requirements that a potential
committee be capable of deciding to voluntarily undergo treatment?
Nothing specified in the Alabama Mental Health Code.
7. Who may petition for an individual to receive
assisted inpatient care?
§ 22-52-1.2(a). "Any person may file a petition
seeking the involuntary commitment of another person. The petition shall be
filed in the probate court of the county in which the respondent is located…"
8. Required elements of a petition.
§ 22-52-1.2(a). "The
petition shall be filed in the probate court of the county in which the
respondent is located. The petition shall be in writing, executed under oath,
and shall include the following information:
-
The name and address, if
known, of the respondent.
-
The name and address, if known, of the respondent's
spouse, legal counsel, or next-of-kin.
-
That the petitioner has reason to believe the
respondent is mentally ill.
-
That the beliefs of the petitioner are based on
specific behavior, acts, attempts, or threats, which shall be specified and
described in detail.
-
The names and addresses of other persons with knowledge
of respondent's mental illness who may be called as witnesses.
The petition may be accompanied by
any other relevant information.
§ 22-52-1.2(b). "The home address and the telephone
number of the petitioner shall be excluded from the copy of the petition seeking
the involuntary commitment provided to the respondent, however, if there is no
other available address to contact the petitioner, then the home address of the
petitioner shall be provided."
Additional requirements concerning petition for renewal
22-52-10.1.
"A petition for renewal of inpatient treatment must explain in detail why
renewal of the order is being requested and why less restrictive conditions are
not appropriate."
9. Is there a penalty for filing an unfounded petition?
No, Alabama does not specify any penalty for filing an
unfounded petition other than dismissing the petition without further
proceedings.
§ 22-52-2(b). "If it appears from the face of the
petition or from the testimony of the petitioner that the petition is totally
without merit, the probate judge shall order the petition dismissed without
further proceedings."
§ 22-52-41 & 22-52-93. "…if the petition is
denied and the petitioner is neither indigent nor a public official acting
within their duty, all costs associated with the probable cause hearing
including cost of counsel can be taxed against the petitioner.
10. Participation of other individuals in commitment
hearing (i.e. notice, a right to be heard or standing for family members, legal
guardians, doctors, etc.).
§ 22-52-5. The court appoints an attorney to represent
the person filing the petition unless the subject of the petition (respondent)
requests in writing that the hearing be closed to the public.
11. Length of initial term of assisted inpatient care.
§ 22-52-10.5(b). Not to exceed 150 days.
12. Conditions necessary for judicially ordered
inpatient care (exact wording of key portions of applicable statute desired).
§ 22-52-10.4(a). "A respondent may be committed to
inpatient treatment if the probate court finds…(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."
Evidence - Generally. This section does not require
the threat of harm to be shown by proof of an overt act. Garrett v. State,
707 So.2d 273 (Ala. Civ. App. 1997).
13. Evidentiary standard under which inpatient care
criteria are judged (two most common are "beyond a reasonable doubt"
and "clear and convincing evidence").
§ 22-52-10.4(a). "Clear and convincing
evidence."
14. Is there a least restrictive treatment requirement?
§ 22-52-10.1. "…The least restrictive alternative
necessary and available for the treatment of the respondent's mental illness
shall be ordered…" § 22-52-10.6(a). A petition for renewal of inpatient
treatment must explain in detail why less restrictive conditions of treatment
are not appropriate.
General Comment - Emergency detention in jail
cannot be considered as the least restrictive means available for Alabama to
hold people pending commitment proceedings. Lynch v. Baxley, 744 F.2d
1452 (11th Cir. 1984).
15. Is there a confidentiality exception for family
members of committees and/or individuals undergoing emergency evaluations?
Alabama Mental Health Code does not specify any exceptions
for family members during the emergency evaluation procedure.
16. Are advance directives or durable powers of
attorney addressed and, if so, in what way?
Nothing specified in the Alabama Mental Health Code.
17. Is there a separate proceeding necessary to
abrogate a committee's right to refuse treatment?
Nothing specified in the Alabama Mental Health Code.
18. Does the treating hospital and/or physician have
discretion to release individuals before the end of their assisted inpatient
care periods.
§ 22-54-5. "The final decision regarding admission
and discharge of patients shall rest with the superintendent of the
facility."
19. Individual(s) who may decide to initiate new
periods of assisted treatment.
§ 22-52-10.6(a). "A
petition for renewal of an inpatient commitment order may be filed by the
director of a state mental health facility or his designee at least 30 days
prior to the expiration of the current commitment order…"
20. Type of forum that decides on need for extended
treatment (normally either judicial or administrative).
Judicial - i.e. the probate court.
§ 22-52-10.6 (a-b). The petition shall be filed with the probate court of the
county where the facility is located and the case is heard and decided by the
probate court or the court may request the case be heard by a special judge of
probate.
21. Participation of other individuals in the extension
hearing (i.e. notice, a right to be heard and/or right to counsel for family
members, legal guardians, doctors, etc.).
There is no mention of any other individuals right to
participate in either the initial hearing or the extension hearing.
§ 22-52-9. Hearings are open to the public unless the
subject of the petition (respondent) request in writing that the hearing be
closed to the public.
22. Maximum length of subsequent mandated inpatient
care (and of any possible subsequent periods).
§ 22-52-10.6(m). Not to exceed a period of one year.
23. Alternative(s) to assisted inpatient treatment
(i.e. conditional release, outpatient commitment, etc.) and conditions necessary
for a court to order placement in alternative(s) (if more than one form, specify
for each).
§ 22-52-10.1(a). "If at the final hearing on a
petition seeking to involuntarily commit a respondent, the probate judge finds,
based on clear and convincing evidence, that the respondent meets the criteria
for involuntary commitment, an order shall be entered for:
-
Outpatient treatment; or
-
Inpatient treatment.
The least restrictive alternative
necessary and available for the treatment of the respondent's mental illness
shall be ordered…"
Criteria
§ 22-52-10.2. "A respondent may be committed to outpatient 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 will, if not treated, continue to suffer mental distress and will
continue to experience deterioration of the ability to function independently;
and (iii) the respondent is unable to make a rational and informed decision as
to whether or not treatment for mental illness would be desirable."
24. Maximum duration of alternative(s) to mandated
inpatient care.
§ 22-52-10.3(d). Not to exceed 150 days.
25. Procedure necessary to transfer patient from
outpatient to inpatient care.
§ 22-52-10.3(e). The designated mental health facility
shall file a verified report with the court of any material non-compliance,
including the need for revocation of the outpatient treatment order and shall be
verified and filed with the probate court.
§ 22-52-10.3(f). The probate court shall conduct a
hearing to consider the motion for revocation of the outpatient treatment order.
If the court finds, based upon clear and convincing evidence, that the
conditions of outpatient treatment have not been met, and that the respondent
meets inpatient criteria, the court may order inpatient treatment.
26. Procedure necessary to institute and maximum
duration of subsequent periods of alternative(s) to inpatient assisted
treatment.
Nothing specified in the Alabama Mental Health Code.
27. Describe any procedures for conservatorship,
guardianship, etc., which are applicable to the mentally ill.
Nothing specified in the Alabama Mental Health Code.
28. Other (may include insights into state's mental
health system, judicial interpretation of mental health code, known movements
for statutory reform, or general comments).
Anniston, Alabama is the cite of 3
major shootings involving mentally ill persons in the last year - two by police
officers. This came almost immediately following a decision not to fund the
local mental health facility located in Anniston.
The Alabama Law Institute for the Alabama Probate Judges'
Association prepared the Limestone County Courthouse's web site on involuntary
commitment. It is very informative, accurate, and reader-friendly. Their web
site can be accessed at http://www.co.limestone.al.us/commit.htm.
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