SB117 Alabama 2019 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Cam Ward
Republican
Session: Regular Session 2019
Title: Mental health, provide right of appeal for Dept. of Mental Health if court denies petition to release defendant adjudicated not guilty by reason of insanity, Secs. 15-16-41, 15-16-43, 15-16-60 to 15-16-71, inclusive, am'd.
Summary: SB 117 would give the Department of Mental Health the right to appeal a court's denial of releasing a defendant found not guilty by reason of insanity, with appeals heard by the Court of Criminal Appeals, and would update related mental health release laws.
What This Bill Does
If enacted, the bill creates a right for the Department of Mental Health to appeal a court's denial of a petition for release for defendants found not guilty by reason of insanity or mental disease/defect. The Court of Criminal Appeals would have jurisdiction to hear these appeals. It also updates several sections to modernize terms and clarifies the procedures for involuntary commitment, hearings, release decisions, conditional release, and related timelines and rights (including appointed counsel for indigent defendants).

Who It Affects
Department of Mental Health (gains a formal right to appeal release-denial decisions and to have those appeals heard by the Court of Criminal Appeals).
Defendants found not guilty by reason of insanity or by mental disease/defect (their commitment, release processes, and potential conditional releases are governed by updated procedures, with court timelines, counsel rights, and appeal options).

Key Provisions
Creates a right for the Department of Mental Health to appeal court-denied release petitions for defendants found not guilty by reason of insanity or mental disease/defect, with appeals to be heard by the Court of Criminal Appeals.
Amends Sections 15-16-41, 15-16-43, 15-16-60 through 15-16-71 to implement the new appeal rights and update terminology across the mental health release framework.
Explicitly allows the Court of Criminal Appeals to hear appeals from release-denial orders and from orders related to release decisions under the act.
Provides hearing and timing requirements (e.g., hearings within 30 days of notice, 60-day overall hearing deadline, good-cause continuances) and requires appointed counsel for indigent defendants during these hearings.
Allows conditional release with specified conditions (medication, treatment, evaluations, drug testing, restrictions) and requires periodic reporting to the court on compliance and progress.
If release conditions are not met or the defendant’s condition worsens, allows modification of release or return to the Department of Mental Health for further treatment, with appeals to the Court of Criminal Appeals available to DMH or the defendant.
Authorizes removal of unnecessary conditions or unconditional release when safe, terminating jurisdiction, with hearings and notices as required.
Effective date set as the first day of the third month after passage (or as provided by law).
Includes deletion of outdated and obsolete terms to modernize the statute language.

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