HB249 Alabama 2019 Session

Summary

Primary Sponsor

Randall Shedd

Republican

Session

Regular Session 2019

Title

Health, mentally ill persons, probate court, authorized to issue a renewal of an involuntary commitment order for treatment, after a hearing, Sec. 22-52-10.10 added; Secs. 22-52-10.2, 22-52-10.3 am'd.

Summary

The bill would let probate courts renew involuntary outpatient treatment orders for mentally ill people for up to one year after the current order expires, if continued care is needed.

What This Bill Does

It amends Alabama law to allow a probate court to renew an outpatient commitment after the original order ends, following a hearing, when the person still needs treatment. The renewal requires clear and convincing evidence that the person is mentally ill, would suffer distress or deteriorate without treatment, and cannot make rational decisions about treatment. A renewal petition must be filed by a designated mental health facility at least 30 days before the current order expires, and hearings must be held within 30 days; a special judge of probate may hear the case if requested. The bill also adds detailed procedures for renewals, guardian ad litem involvement, and cost rules, including limits on how long outpatient treatment can be ordered and how costs are handled by counties.

Who It Affects

• Mentally ill individuals currently under outpatient commitment, who could have their orders renewed for up to one year after a hearing if continued care is needed.
• Probate courts, designated mental health facilities, guardians ad litem, special judges of probate, and counties involved in the renewal process and related costs.

Key Provisions

• Amends 22-52-10.2 to allow renewal of outpatient commitment orders after expiration if criteria are met (mental illness, deterioration without treatment, inability to make rational decisions).
• Adds Section 22-52-10.10 establishing the renewal procedure: facility may file petition at least 30 days before expiration; court may hear and issue renewal; may use a special judge; guardian ad litem appointed; notice provided; burden of proof is clear and convincing; renewal not to exceed one year.
• Amends 22-52-10.3 to require facility consent for outpatient treatment; outlines conditions to be followed; outpatient orders may not exceed 150 days unless renewed for up to one year.
• Cost and staffing provisions: counties cannot be financially responsible for outpatient services; special judge compensation up to $100 per case; county recordkeeping fee of $20 per case; guardian ad litem duties specified.
• Hearing and safeguards: final hearing standards remain; burden of proof remains clear and convincing; if outpatient criteria are not met and inpatient criteria are met, the court may order inpatient treatment.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Health