(a)(1) If, at the final hearing, the court finds that the defendant has a mental illness and as a consequence of the mental illness poses a real and present threat of substantial harm to himself or herself or to others, the court shall order the defendant committed to the custody of the Commissioner of the Alabama State Department of Mental Health or to another public facility as the court may order.
(2) If the court does not make a finding that the defendant has a mental illness and as a consequence of the mental illness poses a real and present threat of substantial harm to himself or herself or to others, then the defendant shall be released from custody.
(b) In determining whether the defendant poses a real and present threat of substantial harm to himself or herself or to others, the court shall consider all available relevant information, including any known relevant aspects of the defendant’s psychosocial, medical, and psychiatric history, in addition to the defendant’s current behavior.
(Acts 1981, No. 81-708, p. 1189, §3; Act 2022-202, §1.)
Notes of Decisions
Ex Parte State Dept. of Mental Ret., 619 So. 2d 934 (Ala. Crim. App. 1993).
· cites it 2× “He was committed to the custody of the Alabama Department of Mental Health and Mental Retardation (hereinafter, the Department) pursuant to Ala.Code 1975, § 15-16-43, and is currently a patient at Bryce Hospital.”
Ex Parte Alabama Dept. of Mental Health, 18 So. 3d 356 (Ala. 2009).
· cites it 3× “Alternatively, Judge Bahakel argues that she was authorized to commit McBride directly to Taylor Hardin because, she contends, Taylor Hardin is an “other public facility” under § 15-16-43, which states: “If, at the final hearing, the court finds that the defendant is mentally…”
Dexter v. State, 842 So. 2d 717 (Ala. Civ. App. 2002).
“Code 1975, but rather is pursuant to § 15-16-43, Ala.Code 1975, and Rule 25.6, Ala.”
Ex Parte Alabama Dept. of Mental Health, 18 So. 3d 356 (Ala. 2009).
· cites it 4× “Alternatively, Judge Bahakel argues that she was authorized to commit McBride directly to Taylor Hardin because, she contends, Taylor Hardin is an "other public facility" under § 15-16-43, which states: "If, at the final hearing, the court finds that the defendant is mentally…”
State v. Bentley, 146 So. 3d 413 (Ala. 2013).
“6(b) and § 15-16-43, Judge Bahakel was not authorized to commit McBride directly to Taylor Hardin rather than to the custody of [ADMH].”
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