House Bill 505 Alabama 2026 Session

Summary

Primary Sponsor

Ronald BoltonRepresentative

Republican

Session

2026 Regular Session

Title

Criminal defendants with mental illness; right of appeal for commitment and conditional release order provided, jurisdiction to hear appeals provided

Summary

HB505 would give both the Department of Mental Health and criminal defendants the right to appeal orders of commitment and conditional release for defendants with mental illness, with the Court of Criminal Appeals handling those appeals.

What This Bill Does

Creates appellate rights for the department and the defendant regarding commitment orders and orders modifying conditional release. Grants the Court of Criminal Appeals jurisdiction to hear these appeals. Updates and clarifies related code sections and terminology. Establishes standards for evaluating risk and for modifying release conditions, including consideration of medical history and current behavior.

Who It Affects

• Criminal defendants found to have mental illness who could be committed or subject to conditional release and would gain appellate rights.
• The Department of Mental Health and the Court of Criminal Appeals, which would gain appellate rights and jurisdiction to hear these appeals.

Key Provisions

• Creates a right of appeal for the Department and the defendant regarding orders of commitment and orders modifying a defendant's conditional release.
• Grants the Court of Criminal Appeals jurisdiction to hear such appeals.
• Amends Sections 15-16-43, 15-16-61, and 15-16-70 to implement new rights and define key terms.
• Defines terms like Court, Defendant, Department, District Attorney, and Regional/Community Mental Health Facility for this article.
• Allows appeals of orders entered under subsection (a) and orders denying a petition for release.
• Authorizes modification of release conditions or return to treatment if conditions are breached or the defendant's condition worsens, with hearings and notice requirements.
• All modifications and orders must ensure the defendant does not pose a real and present threat of substantial harm.
• Effective October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Procedure