§ 22-52-10.8 — Order for Involuntary Commitment for Inpatient Treatment to Be Entered into Criminal Justice Information System and NICS; Redaction of Order Upon Removal of Limitation to Purchase Firearm

Alabama § 22-52-10.8

• Jurisdiction: Alabama
• Title 22: Health, Mental Health, and Environmental Control
• Ch. 52: Commitment, Discharge and Transfer of Persons in State Institutions
• Art. 1: Commitment of Mentally Ill Persons Generally

Text

(a) When the judge of probate of a county enters an order for the involuntary commitment of a person pursuant to Section 22-52-10.1, and the order is for a final commitment for inpatient treatment to the Department of Mental Health or a Veterans’ Administration hospital, or as otherwise provided by law, the judge shall immediately forward the order to the Alabama Law Enforcement Agency and the order shall be entered in its information systems. The order shall be forwarded to the Alabama Law Enforcement Agency in the manner as the Alabama Justice Information Center Commission shall provide. The Alabama Law Enforcement Agency shall as soon as possible thereafter enter the order in the National Instant Criminal Background Check System (NICS) and the information shall be entered into the NICS Index Denied Persons File. The records maintained pursuant to this section shall only be used for purposes of determining eligibility to purchase or transfer a firearm. Information furnished shall not include confidential medical or treatment records, confidential tax or financial data, library records, or other personal information.
(b) Any person who has been adjudicated mentally deficient or committed to a mental institution and who is subject to the firearm disabilities of 18 U.S.C. Section 922 (d)(4) and (g)(4), and who is subject to the firearm disabilities of Sections 13A-11-72 and 13A-11-75, because he or she has been determined by law or legal process to be of unsound mind, may petition the district court for a civil review of the person’s mental capacity to purchase a firearm. The petitioner may present evidence and witnesses at the hearing on the petition. The district court shall make written findings of fact and conclusions of law on the issues before it and issue a final order. The district court shall grant the relief requested in the petition if the judge finds, based on a preponderance of the evidence presented with respect to the petitioner’s reputation, the petitioner’s mental health record and, if applicable, certified criminal history record from the Alabama Law Enforcement Agency, the circumstances surrounding the petitioner’s firearm disability, and any other evidence in the record, that the petitioner will not be likely to act in a manner that is dangerous to public safety and that granting the relief would not be contrary to the public interest. If the final order grants relief, a copy of the order shall be forwarded to the Alabama Law Enforcement Agency directing that the prior order be removed from its information systems. Thereafter, the Alabama Law Enforcement Agency shall, as soon as possible, redact the prior order from the National Instant Criminal Background Check System (NICS) or shall request that the redaction be done and shall notify the United States Attorney General that the basis for the record being made available no longer applies. The petitioner may appeal a final order denying relief within 42 days of the order to the circuit court for the county in which the commitment or adjudication was entered. The circuit court’s review shall be conducted de novo.
(c) To the extent allowed by the Alabama Justice Information Center Commission, AJIC may provide a judge of probate access to AJIC information systems for the purpose of involuntary commitment hearings, petitions to change names, and other official functions of the judge of probate.

Legislative History

(Act 2004-641, p. 1468, §2; Act 2013-290, p. 998, §§1, 2; Act 2015-341, §1.)