HB70 Alabama 2022 Session

Under existing law, civil commitment to inpatient care of an individual with a mental illness requires findings that the individual poses a real and present threat of substantial harm to self or others

Under existing law, commitment to inpatient care of a criminal defendant with a mental illness requires findings that the individual poses a real and present threat of substantial harm to self or others

This bill would provide a statutory definition for the phrase "real and present threat of substantial harm to self or others," and would provide that the threat of substantial harm should be assessed in light of all relevant evidence and not just the individual's behavior

Under existing law, in order to initiate emergency custody of an individual, a law enforcement officer and a community mental health officer must agree that the individual poses an immediate danger to self or others

This bill would authorize emergency custody of an individual on the basis of a perceived real and present threat, and would therefore make the standards for emergency custody and civil commitment uniform

Under existing law, outpatient commitment requires a court to find that an individual is experiencing and will continue to experience mental distress and deterioration if not committed to outpatient care, and that the individual is currently unable to make a rational and informed decision as to whether treatment for mental illness would be desirable

This bill would amend the outpatient commitment process to focus the court's inquiry on the individual's demonstrated inability to maintain voluntary engagement with necessary outpatient treatment, rather than on the individual's present level of mental suffering and incapacity, and would provide that an individual would be able to transition from hospital care to outpatient civil commitment if the court were to find by clear and convincing evidence that the individual is in need of outpatient treatment to live safely in the community and is unable to maintain consistent engagement with outpatient treatment on a voluntary basis

This bill would establish a process for modifying a current inpatient commitment order to an outpatient commitment order when improvement in the patient's condition allows for a less restrictive commitment setting

This bill would also provide that a court must assess the appropriateness of modification no later than 30 days prior to the expiration of a current inpatient commitment order, and if modification is recommended by the facility retaining the individual and a hearing is not requested by the respondent or any other interested party, the court would be authorized to modify the order without a hearing

Relating to mental health; to amend Sections 15-16-41, 15-16-43, 15-16-67, 22-52-1.1, 22-52-10.2, 22-52-10.4, and 22-52-91, Code of Alabama 1975, to provide definitions; to further provide for the assessment of an individual's threat of harm for purposes of an involuntary commitment hearing; to allow a law enforcement officer under certain conditions to deliver an individual to a designated mental health facility for evaluation; to allow a court to commit an individual to outpatient treatment for mental illness under certain circumstances; and to add Section 22-52-10.11 to the Code of Alabama 1975, to require certain mental health facilities to assess the appropriateness of transferring a respondent committed for inpatient care to outpatient treatment within a certain amount of time prior to the expiration of the commitment order.