HB359 Engrossed is a bill that seeks to amend the Code of Alabama 1975, specifically addressing the involuntary commitment of individuals with mental illnesses and co-occurring substance use disorders. The bill empowers probate judges to commit individuals with a substance use disorder that is secondary to a primary mental illness diagnosis. It also modifies the jurisdiction of the sheriff in serving commitment petitions and allows probate judges to set procedures for restricting the respondent's liberty before a final hearing. The bill introduces a new section, 15-16-26, which outlines a process for transferring respondents from temporary criminal confinement to fulfill commitment orders and clarifies that mental health providers are not obligated to expand services without available funding. Insertions in the bill include definitions for "co-occurring substance use disorder" and "substance use disorder," and a legislative finding on the association between substance use disorder and mental illness. Deletions involve the removal of certain terms and the replacement of "person" with "individual."

The bill details the process for involuntary commitment, requiring clear and convincing evidence for either outpatient or inpatient treatment and emphasizing the least restrictive treatment alternative. It mandates the reporting of involuntary commitment orders to law enforcement databases and addresses the renewal of outpatient treatment orders and conditions for inpatient treatment. The bill also ensures the immediate availability of treatment if it becomes available during confinement. Furthermore, it outlines the steps for transferring a respondent from inpatient to outpatient treatment, including the assessment by the director of a mental health facility, notice provisions, the appointment of an attorney for the respondent, and the potential for a hearing. The bill allows for communication between judges regarding respondents confined for minor offenses to facilitate the fulfillment of commitment orders. HB359 Engrossed has passed the House with a vote of 100 yeas to 1 nay and is set to become effective 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