Senate Bill 323 Alabama 2026 Session

Summary

Primary Sponsor

Matt WoodsSenator

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

SB323 creates a right of appeal for the Department of Mental Health and for criminal defendants with mental illness in commitment and conditional-release cases, and gives the Court of Criminal Appeals jurisdiction to hear those appeals, with some technical updates.

What This Bill Does

The bill adds an appellate path for both the department and the defendant in orders that commit a defendant to state custody or that modify conditional release. It designates the Court of Criminal Appeals as the court that would hear these appeals. It also updates definitions and makes non-substantive revisions to align language with current style, with an effective date of October 1, 2026.

Who It Affects

• Criminal defendants with mental illness who could be committed or whose conditional release could be modified; they gain the right to appeal those orders to the Court of Criminal Appeals.
• The Department of Mental Health, which also gains the right to appeal its own commitment and release-related orders and participates in the appellate process.

Key Provisions

• Amends §15-16-43 to require commitment when mental illness creates a real and present threat, otherwise release, and adds a right of appeal for both the Department and the defendant for commitment orders and denial of release petitions, with jurisdiction shifted to the Court of Criminal Appeals for appeals.
• Amends §15-16-61 to define key terms (Court, Defendant, Department, District Attorney, Regional/Community Mental Health Facility) for consistency in this article.
• Amends §15-16-70 to allow the court to modify release conditions or return a defendant to treatment if noncompliant or conditions worsen, with notice and an appeal process for the Department or defendant, and a standard that modifications must protect against real and present harm.
• Effective date: 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