§ 22-52-10.9 — Order Finding Defendant Insane, Mentally Incompetent, Etc., to Be Entered into Information Systems; Civil Review

Alabama § 22-52-10.9

• 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)(1) Upon any finding that a defendant is insane, mentally incompetent, or not guilty by reason of mental disease or defect pursuant to Chapter 16 of Title 15, or the Alabama Rules of Criminal Procedure, the judge shall immediately forward the order of the finding 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.
(2) The Alabama Law Enforcement Agency, as soon as possible thereafter, shall 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.
(3) The records maintained pursuant to this section shall only be used for purposes of determining eligibility to receive, ship, transport, or possess a firearm. Information furnished shall not include confidential medical or treatment records.
(b)(1) Any person 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 in the jurisdiction where such a finding was made, for a civil review of the person’s mental capacity to receive, ship, transport, or possess a firearm.
(2) The district attorney or the Attorney General, whoever prosecuted the underlying case, and victim or victim representative, if applicable, shall be served a copy of the petition by certified mail. The petitioner may present evidence and witnesses at the hearing on the petition. The district attorney or Attorney General shall be allowed to speak and make recommendations to the court. The victim or victim representative, if applicable, shall be allowed to speak to the court. The district court shall make written findings of fact and conclusions of law on the issues before it and issue a final order.
(3) 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 obtained 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.
(4) 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, as soon as possible, shall 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.
(5) 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.

Legislative History

(Act 2015-341, §2.)