Alabama § 15-16-67 Determination as to Condition of Defendant; Disposition of Defendant

Alabama Statutes

§ 15-16-67 — Determination as to Condition of Defendant; Disposition of Defendant

Alabama § 15-16-67

Title 15Criminal Procedure

Ch. 16Insanity

Art. 4Criminal Psychopath Release Restriction Act

This text of Alabama § 15-16-67 (Determination as to Condition of Defendant; Disposition of Defendant) 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 § 15-16-67 (2026).

Text

(a)(1) If, after conducting the hearing, the court determines that the defendant no longer has a mental illness or no longer poses a real and present threat of substantial harm to himself or herself or to others by being at large, the court shall order his or her release.

(2)If the court determines that the defendant still has a mental illness but no longer poses a real and present threat of substantial harm to himself or herself or to others by being at large if his or her release is accompanied by certain conditions, the court shall order his or her release subject to those conditions necessary to prevent the defendant from posing a real and present threat of substantial harm to himself or herself or to others.

(b)In determining whether the defendant poses a real and present threat of

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(a)(1) If, after conducting the hearing, the court determines that the defendant no longer has a mental illness or no longer poses a real and present threat of substantial harm to himself or herself or to others by being at large, the court shall order his or her release.
(2) If the court determines that the defendant still has a mental illness but no longer poses a real and present threat of substantial harm to himself or herself or to others by being at large if his or her release is accompanied by certain conditions, the court shall order his or her release subject to those conditions necessary to prevent the defendant from posing a real and present threat of substantial harm to himself or herself or to others.
(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.