HB359 Alabama 2024 Session

Summary

Primary Sponsor

Russell Bedsole Representative

Republican

Session

Regular Session 2024

Title

Department of Mental Health; expand category for involuntary commitment to include individuals with co-occurring substance use disorder, authorize service of petition in county of respondent's location when original petition was filed, authorize judge to determine when to bring respondent before court for hearing on restriction of liberty pending final hearing, authorize judge of probate to petition district or municipal court for suspension of criminal confinement for commitment; bill does not require providers to expand services unless additional funding provided

Description

Under existing law an individual may petition the probate court to seek the involuntarily commitment of another individual to the custody of the Alabama Department of Mental Health for inpatient or outpatient treatment of a mental illness upon a finding that clear and convincing evidence establishes commitment criteria.

This bill would provide for the commitment of respondents who meet the criteria for involuntary commitment to the custody of the Alabama Department of Mental Health to include individuals suffering from a substance use disorder that occurs secondarily to a primary diagnosis of one or more mental illnesses.

This bill would require the judge of probate, upon review of the petition, to order the sheriff, in the county where the respondent was previously located when the original petition was filed, to serve on the respondent a copy of the petition seeking involuntary commitment and give notice of the hearing.

This bill would provide that when the petitioner is seeking limitations on the respondent's liberty pending a final hearing on the merits, and the judge of probate determines limitations on the respondent's liberty is necessary to prevent respondent from posing HB359 INTRODUCED a real and present threat to self or others, the judge of probate is authorized to order the sheriff in the county where the respondent was located at the time of initial filing, within a reasonable time, if the judge of probate determines it is likely the respondent will not appear or if the respondent fails to voluntarily appear, to bring the respondent before the court for an interview to determine whether to place limits, or which ones, on the respondent's liberty.

This bill would authorize the judge of probate, when determining whether to place limitations on the respondent's liberty pending a final hearing, to interview respondent and any other available individual, seek an evaluation by a licensed medical physician or qualified mental health provider who has willingly consented to treating the respondent.

This bill would further provide a procedure for a probate court to petition the district court or municipal court to suspend criminal proceedings temporarily in order for a subsequently entered commitment order to be fulfilled.

This bill would provide that a mental health provider is not required to expand existing services beyond current availability of funds for the provision of mental health services.

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Subjects

Mental Health