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·Title 15 Criminal Procedure·Ch. 16 Insanity·Art. 4 Criminal Psychopath Release Restriction Act

(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.

Alabama § 15-16-67 (Determination as to Condition of Defendant; Disposition of Defendant) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.