House Bill 515 Alabama 2026 Session

Summary

Primary Sponsor

Ronald BoltonRepresentative

Republican

Session

2026 Regular Session

Title

Criminal defendants with mental illnesses; civil inpatient commitment guidelines for criminal defendants further provided

Summary

HB515 expands who counts as a criminal defendant with mental illness and sets limits on how long the state can provide inpatient mental health care, with release rules and guidelines, effective October 1, 2026.

What This Bill Does

The bill broadens the definition of 'defendant' to include people who are incompetent to stand trial or not restorable to competency (as well as those found not guilty by insanity or by mental disease/defect) and who have been committed to the state mental health system. It restricts how long the Department of Mental Health and Mental Retardation can provide custody, care, and treatment—no longer than the maximum sentence possible for the crime (or 20 years, whichever is less), with exceptions for capital murder or ongoing civil inpatient criteria. It requires courts to use established guidelines when issuing initial commitment orders and outlines processes for conditional release, removal of unnecessary conditions, and unconditional release with notice to the department and involved parties.

Who It Affects

• Criminal defendants with mental illnesses (including those deemed incompetent or not restorable, and those found not guilty by insanity) who could be committed to the state mental health system.
• The Alabama Department of Mental Health and Mental Retardation (and its providers) and the courts, who must apply the new duration limits, follow commitment guidelines, and manage releases and notice requirements.

Key Provisions

• Defines 'defendant' to include individuals found incompetent to stand trial or not restorable to competency, or not guilty by reason of insanity or mental disease/defect, who have been committed to DMHMR or another facility.
• Limits custody, care, and treatment to the maximum sentence possible or 20 years, whichever is less, with exceptions for capital murder or ongoing civil inpatient commitment criteria.
• Requires courts to consider the specified guidelines when issuing the initial commitment order and outlines procedures for removing unnecessary conditions or releasing the defendant, including notice to the department and required parties.
• Includes nonsubstantive, technical revisions to update language and sets an effective date of October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 26, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Procedure