This is an overview of the procedures and legal requirements for the involuntary commitment of individuals with mental illness in the state of Alabama. The information is based on Alabama state law and includes general information about the involuntary commitment process. It is not specific to any county within Alabama.

What Is Involuntary Commitment?

Involuntary commitment is a procedure whereby an individual is placed in the custody of the Alabama Department of Mental Health for treatment or is ordered to undergo treatment in the community for a mental illness as defined in the Code of Alabama 22-52-1.1 (7).

What Elements Must Be Present to Commit a Person for Inpatient Treatment?

  1. The individual has a mental illness or a mental illness with a secondary diagnosis of co-occurring substance use disorder, as defined;
  2. Due to this condition, the individual poses a real and present threat of substantial harm to themselves or others;
  3. The individual will continue to experience mental distress and deterioration of their ability to function independently if not treated;
  4. The individual is unable to make a rational decision regarding treatment;
  5. Treatment is available for the person’s mental illness, or confinement is necessary to prevent the person from causing substantial harm to themselves or others;
  6. Commitment is the least restrictive alternative available.

What Elements Must Be Present to Commit a Person for Outpatient Treatment in the Community?

  1. The individual has a mental illness or a mental illness with a secondary diagnosis of co-occurring substance use disorder;
  2. The individual will continue to experience mental distress and deterioration of their ability to function independently if not treated;
  3. The individual is unable to maintain consistent engagement with outpatient treatment on a voluntary basis;
  4. Outpatient commitment is the least alternative necessary.

Who May File a Petition to Initiate an Involuntary Commitment Proceeding?

Any person may seek to have another person committed by filing a petition with a Probate Court.

What Must the Petition Contain?

  1. Name and address of the petitioner;
  2. Name and location of the respondent’s spouse, attorney, or next of kin;
  3. A statement that the petitioner has reason to believe the respondent is mentally ill or is mentally ill with a secondary diagnosis of co-occurring substance use disorder;
  4. Detailed descriptions of specific behaviors, acts, attempts, or threats that support the petitioner’s beliefs;
  5. Names and addresses of other individuals with knowledge of the respondent’s condition or who have observed the person’s overt acts and may serve as witnesses.

Where Is the Petition Filed?

An involuntary commitment Petition is filed in the Probate Court of the county where the respondent is located.

Is Expert Testimony Required in an Involuntary Commitment Hearing?

Expert witnesses provide testimony in support of a petition to commit since the petitioner must prove that the individual has a mental illness and other elements requiring professional expertise.

Must a Guardian Ad Litem Be Appointed to Aid the Person Sought to Be Committed?

Yes, the Probate Court must appoint a guardian ad litem who is an attorney to represent and protect the rights of the respondent.

Must the Court Appoint Attorneys to Represent the Parties Involved in an Involuntary Commitment Proceeding?

  1. For the respondent: Yes, if the individual lacks the mental ability to secure the services of an attorney or lacks the funds to employ an attorney.
  2. For the petitioner: Yes, the Probate Court must appoint an attorney to advocate the petition to commit. The petitioner may employ an attorney independently to appear instead of the appointed attorney. Note: If the petition is denied and the Probate Court determines it was filed in bad faith, the petitioners may be required to pay all costs of the proceedings.

To Whom Must the Court Send Notice of the Commitment Proceeding?

Notice of commencement of an involuntary commitment proceeding must be served on the respondent and the Alabama Department of Mental Health or the facility where the petition seeks to have the person committed.

What Is the Procedure to Be Followed at the Hearing?

  1. The respondent has the right to be present unless waived in writing or if their presence would disrupt the proceedings.
  2. A hearing will be held by the Probate Judge without a jury.
  3. The hearings are open to the public unless the respondent or their attorney requests in writing that the hearing be closed to the public.
  4. A full transcript of the hearing must be kept for three years beyond the period of commitment.
  5. The Alabama Rules of Evidence apply.
  6. The respondent has the right to present evidence, compel witnesses, and cross-examine.
  7. The respondent may testify on their own behalf but cannot be forced to testify against themselves.
  8. Commitment is granted only if the required elements for commitment are established by clear and convincing evidence.

What Are the Results of the Hearing?

If a commitment petition is granted, an order shall be entered for outpatient or inpatient treatment. The least restrictive alternative necessary and available for the treatment of the respondent’s mental illness shall be ordered. Inpatient treatment may be ordered at a state mental health facility or a designated mental health facility. Outpatient treatment may be ordered at a designated mental health facility if that facility consents to treat the respondent on an outpatient basis.

What Follows an Initial Inpatient Commitment?

  1. The initial commitment order is valid for up to 150 days.
  2. The state must file a petition for renewal within 30 days of the expiration of the initial order, stating in detail the reasons for renewal.
  3. No renewal shall exceed one year.
  4. The respondent must be released if a renewal petition is not filed or is denied.

This information, which is based on Alabama law, is to inform and not to advise. No person should apply or interpret any law without the aid of an attorney who can analyze the facts, as facts may change the application of the law.