The bill HB359 Engrossed 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 authorizes probate judges to commit individuals whose substance use disorders are secondary to a primary mental illness diagnosis and establishes that limitations on a respondent's liberty must be justified by a real and present threat of substantial harm. The bill also clarifies that respondents should not be placed in jails or facilities for individuals accused of crimes and requires judges to report involuntary commitment orders to the Alabama State Law Enforcement Agency for inclusion in firearms prohibited person databases.

Key insertions in the bill include definitions for "co-occurring substance use disorder" and "substance use disorder," as well as provisions for the probate judge to determine the medical evaluation process for respondents. The bill emphasizes the need for outpatient or inpatient treatment to be the least restrictive alternative and mandates that the director assess the appropriateness of transferring respondents to outpatient treatment. Additionally, it modifies the handling of commitment orders for respondents confined for misdemeanor charges, allowing communication between judges to discuss potential discharges. Notable deletions include the replacement of "person" with "individual" and the exclusion of certain diagnoses from the definition of mental illness. The bill is set to take effect on January 1, 2025.

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