Alabama § 15-16-43 Commitment of Defendant Upon Finding of Mental Illness

Alabama Statutes

§ 15-16-43 — Commitment of Defendant Upon Finding of Mental Illness

Alabama § 15-16-43

Title 15Criminal Procedure

Ch. 16Insanity

Art. 3Commitment

This text of Alabama § 15-16-43 (Commitment of Defendant Upon Finding of Mental Illness) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 15-16-43 (2026).

Text

(a)(1) If, at the final hearing, the court finds that the defendant has a mental illness and as a consequence of the mental illness poses a real and present threat of substantial harm to himself or herself or to others, the court shall order the defendant committed to the custody of the Commissioner of the Alabama State Department of Mental Health or to another public facility as the court may order.

(2)If the court does not make a finding that the defendant has a mental illness and as a consequence of the mental illness poses a real and present threat of substantial harm to himself or herself or to others, then the defendant shall be released from custody.

(b)In determining whether the defendant poses a real and present threat of substantial harm to himself or herself or to others, the

Free access — add to your briefcase to read the full text and ask questions with AI

(a)(1) If, at the final hearing, the court finds that the defendant has a mental illness and as a consequence of the mental illness poses a real and present threat of substantial harm to himself or herself or to others, the court shall order the defendant committed to the custody of the Commissioner of the Alabama State Department of Mental Health or to another public facility as the court may order.
(2) If the court does not make a finding that the defendant has a mental illness and as a consequence of the mental illness poses a real and present threat of substantial harm to himself or herself or to others, then the defendant shall be released from custody.
(b) In determining whether the defendant poses a real and present threat of substantial harm to himself or herself or to others, the court shall consider all available relevant information, including any known relevant aspects of the defendant’s psychosocial, medical, and psychiatric history, in addition to the defendant’s current behavior.