The bill SB240 amends the Code of Alabama 1975 to enhance the legal framework for the involuntary commitment of individuals with mental health issues, particularly those with co-occurring substance use disorders. It empowers probate judges to commit individuals whose substance use disorders are secondary to a primary mental illness diagnosis and modifies the jurisdiction of sheriffs in serving commitment petitions. Key insertions include definitions for "co-occurring substance use disorder" and "substance use disorder," which clarify the relationship between these conditions and mental illness. The bill also changes the terminology from "person" to "individual" in the context of filing commitment petitions and specifies that petitions must indicate if a respondent has a secondary diagnosis of a co-occurring substance use disorder.

Additionally, the bill emphasizes the responsibilities of the judge of probate in evaluating the necessity of limitations on a respondent's liberty and prohibits placing respondents in jails meant for individuals accused or convicted of crimes. It outlines the commitment process for both outpatient and inpatient treatment, requiring clear evidence to support such actions. The bill mandates that the director of a state mental health facility assess the appropriateness of transferring respondents to outpatient treatment before their commitment order expires. It also facilitates communication between probate judges and other court judges regarding respondents confined for misdemeanor charges. The act is set to take effect on January 1, 2025, and includes the deletion of references to "probate court," replacing it with "judge of probate."

Statutes affected:
Introduced: 22-52-1, 22-52-1, 22-52-3, 22-52-7, 22-52-10, 22-52-10, 22-52-10, 22-52-10, 22-52-11
Engrossed: 22-52-1, 22-52-1, 22-52-3, 22-52-7, 22-52-10, 22-52-10, 22-52-10, 22-52-10, 22-52-11
Enrolled: 22-52-1, 22-52-1, 22-52-3, 22-52-7, 22-52-10, 22-52-10, 22-52-10, 22-52-10, 22-52-11