Code of Alabama

Ala. Code § 22-52-10.1 (2026)

Order for Involuntary Commitment Entered by Judge of Probate; Reporting Requirements.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) If at the final hearing on a petition seeking to involuntarily commit a respondent, the judge of probate finds, based on clear and convincing evidence, that the respondent meets the criteria for involuntary commitment, an order shall be entered for either of the following:

(1) Outpatient treatment.

(2) Inpatient treatment.

(b) The least restrictive alternative necessary and available for the treatment of the respondent’s mental illness or mental illness with a secondary diagnosis of co-occurring substance use disorder shall be ordered.

(d)(1) The judge of probate shall immediately report an order for involuntary commitment to the Alabama State Law Enforcement Agency, in a manner prescribed by the Alabama Justice Information Commission, for entry into the state firearms prohibited person database and the National Instant Criminal Background Check (NICS) system.

(2) The judge of probate shall report to the Alabama State Law Enforcement Agency, in a method determined by the commission, updates to any order for involuntary commitment that was previously forwarded to the Alabama State Law Enforcement Agency under this section, including notice of any reversal of petition or appeal.

(Acts 1991, No. 91-440, p. 783, §11; Act 2021-246, §5; Act 2023-472, §1; Act 2024-193, §1.)

Notes of Decisions

Cited in 2 cases, 1995–2014 · leading case: United States v. McIlwain, 772 F.3d 688 (11th Cir. 2014).

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United States v. McIlwain, 772 F.3d 688 (11th Cir. 2014). · cites it 2× “Code § 22-52-7 and not a'final order of commitment under Ala.Code § 22-52-10.1. After laying out the due process requirement for involuntary civil commitment, Mcllwain argued that treating his Alabama commitment order as a final order of commitment, one that would trigger…”

In re Involuntary Commitment of Joyce Marsh, 666 So. 2d 12 (Ala. Civ. App. 1995). · cites it 2× “Ala.Code 1975, § 22-52-10.1, provides that there must be clear and convincing evidence that the individual meets the criteria for involuntary commitment.”

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