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AL SB117

Bill

Status

Engrossed

5/15/2019

Primary Sponsor

Robert Ward

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Origin

Senate

Regular Session 2019

AI Summary

SB117 Summary

  • Grants the Department of Mental Health a right of appeal to the Court of Criminal Appeals when a court denies its petition to release a defendant adjudicated not guilty by reason of insanity or mental disease or defect.

  • Permits the defendant to also appeal orders denying their release to the Court of Criminal Appeals.

  • Updates terminology throughout the mental health commitment statutes by replacing outdated language such as "forthwith" with "released" and changing "mental retardation" references to align with current terminology.

  • Clarifies procedures for hearings on release petitions, conditional release conditions (medication, treatment, drug testing, activity restrictions), and court authority to modify or remove release conditions.

  • Becomes effective on the first day of the third month following passage and gubernatorial approval.

Legislative Description

Mental health, provide right of appeal for Dept. of Mental Health if court denies petition to release defendant adjudicated not guilty by reason of insanity, Secs. 15-16-41, 15-16-43, 15-16-60 to 15-16-71, inclusive, am'd.

Mental Health

Last Action

Pending third reading on day 24 Favorable from Judiciary

5/22/2019

Committee Referrals

Judiciary5/15/2019
Judiciary3/19/2019

Full Bill Text

No bill text available