Forensic Outpatient Services

The Alabama Department of Mental Health Office of Forensic Outpatient Services provides administrative oversight of forensic evaluations conducted by Certified Forensic Examiners i.e. psychiatrists and psychologists, for use in court or otherwise in connection with a legal matter.  Forensic services are provided (i) upon order of a Circuit Court, (ii) in a criminal case, (iii) in accordance with standards and procedures established by the Alabama Rules of Criminal Procedure Rule 11. 

 

The issues most often addressed are (i) competency to stand trial (whether a criminal defendant is able to participate meaningfully in the proceedings against him or her), (ii) mental state at the time of offense (whether at the time of the commission of the acts constituting the offense, the defendant, as a result of severe mental disease or defect, was unable to appreciate the nature and quality or wrongfulness of his acts), (iii) competency to waive Miranda (whether the defendant knowingly, intelligently, and voluntarily waived his or her right to counsel in writing or on the record).

 

Alabama Rules of Criminal Procedure Rule 11 does not apply to proceedings in district or municipal courts.