Chapter 1 - Insanity
- Article 1 General Provisions.
- Section 15-16-1 Defense of insanity to be by special plea
When the defense of insanity is set up in any criminal prosecution, it must be by special plea, interposed at the time of arraignment ...
- Section 15-16-2 Presumption of responsibility for acts; burden of proving irresponsibility
Every person over 14 years of age charged with crime is presumed to be responsible for his acts, and the burden of proving that ...
- Section 15-16-3 Costs of moving prisoners to be defrayed by state; recovery of costs by state
The costs of removing an insane prisoner to and from the Alabama state hospitals under any of the provisions of this chapter must be ...
- Article 2 Confined Persons.
- Section 15-16-20 Duty of judge to institute investigation on sanity of certain confined persons; proceedings where person found insane
If any person other than a minor in confinement, under indictment, for want of bail for good behavior, for keeping the peace or appearing ...
- Section 15-16-21 Suspension of felony trial to inquire into accused's sanity; proceedings upon jury findings; resumption of proceedings when sanity restored; release restriction
If any person charged with any felony is held in confinement under indictment and the trial court shall have reasonable ground to doubt his ...
- Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation and examination of defendant by commission on lunacy; report by commission; order of clerk of court; expenses of removal of defendant
(a) Whenever it shall be made known to the presiding judge of a court by which an indictment has been returned against a defendant ...
- Section 15-16-23 Suspending execution of death sentence of insane convict; order upon restoration to sanity; limitations on jurisdiction to suspend execution
If after conviction and sentence to death, but at any time before the execution of the sentence, it is made to appear to the ...
- Section 15-16-24 Special verdict of not guilty due to insanity; general verdict of not guilty or verdict of conviction
If it shall appear from the evidence that a defendant did the act charged as constituting the offense, but at the time of committing ...
- Article 3 Commitment.
- Section 15-16-41 Determination of necessity for hearing as to involuntary commitment of defendant found not guilty by reason of insanity; subsequent proceedings
If a defendant in a criminal case is found not guilty by reason of insanity, the court shall forthwith determine whether the defendant should ...
- Section 15-16-42 Final hearing following finding of probable cause
Whenever the court finds probable cause pursuant to Section 15-16-41, the court shall hold a final hearing within 30 days to determine whether the ...
- Section 15-16-43 Commitment of defendant upon finding of mental illness
If, at the final hearing, the court finds that the defendant is mentally ill and as a consequence of such mental illness poses a ...
- Article 4 Criminal Psychopath Release Restriction Act.
- Section 15-16-60 Short title
This article shall be entitled "The Criminal Psychopath Release Restriction Act." ...
- Section 15-16-61 Definitions
The following definitions shall apply to this article: (1) COURT. The court which committed the defendant pursuant to Section 15-16-43. (2) DEFENDANT. A defendant ...
- Section 15-16-62 Defendant not released from custody unless authorized by court order
When a defendant in a criminal case has been committed to the custody of the commissioner of the department or another facility as provided ...
- Section 15-16-63 Department must give notice of opinion that defendant is no longer mentally ill, poses no threat of substantial harm, etc.; inclusion in notice of conditional release plan
Whenever the department or other facility with custody of a defendant is of the opinion that the defendant is no longer mentally ill, or ...
- Section 15-16-64 Date of hearing; notice
The court shall set a hearing to be held within 30 days of its receipt of the notice described in Section 15-16-63, unless an ...
- Section 15-16-65 Appointed counsel; payment
Where the defendant does not have an attorney, the court shall appoint him one for purposes of the hearing. Payment of appointed counsel for ...
- Section 15-16-66 Release of defendant upon failure to hold hearing
If a hearing is not held within 60 days of receipt by the court of the notice described in Section 15-16-63, the defendant shall ...
- Section 15-16-67 Determination as to condition of defendant; disposition of defendant
If, after conducting the hearing, the court determines that the defendant is no longer mentally ill or no longer poses a real and present ...
- Section 15-16-68 Court-imposed conditions for release
The conditions that the court may impose upon release, if necessary and appropriate, include, the following: (1) That the defendant take medication as prescribed ...
- Section 15-16-69 Specific conditions for conditional release must be stated; periodic reports regarding defendant's compliance; periodic reports not deemed violative of doctor-patient privilege
If conditional release is ordered, the court shall state the specific conditions to be followed by the defendant. The order shall also direct the ...
- Section 15-16-70 Modification of release conditions or order to return for further treatment; notice of hearing; standard for modifications and orders
If at any time it appears that the defendant has failed to comply with the conditions of release, that the defendant's condition has deteriorated ...
- Section 15-16-71 Removal of conditions of release or release without conditions after notice and hearing
If at any time after a defendant has been conditionally released, it appears that removal of some of the conditions or release of the ...
