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. Key provisions include the authorization for probate judges to commit individuals whose substance use disorder is secondary to a primary mental illness diagnosis, and the establishment of procedures for limiting a respondent's liberty pending a final hearing. The bill introduces definitions for "co-occurring substance use disorder" and "substance use disorder," and clarifies that mental health providers are not required to expand services without adequate funding. Additionally, it mandates that involuntary commitment orders be reported to the Alabama State Law Enforcement Agency for entry into firearms prohibited person databases.

The bill also outlines the criteria for outpatient and inpatient treatment, emphasizing the need for the least restrictive alternative and requiring immediate provision of treatment if it becomes available during confinement. It modifies the process for handling commitment orders for respondents confined due to misdemeanor charges, allowing communication between judges to discuss temporary discharges for fulfilling commitment orders. Notably, the bill replaces the term "probate court" with "judge of probate" in several instances and includes new language regarding the assessment of co-occurring substance use disorders. The changes are 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