SB 323

SB323 INTRODUCED
1 SB323
2 PS27WER-1
3 By Senator Woods
4 RFD: Judiciary
5 First Read: 25-Feb-26
  Page 0
PS27WER-1 02/24/2026 EGC (L)bm 2026-1065
1
2
3
4 SYNOPSIS:
5Under existing law, the court may order a
6defendant with a mental illness committed to the
7custody of the Department of Mental Health upon finding
8that the defendant poses a real and present threat of
9substantial harm to himself, herself, or to others, and
10the court may modify a conditional release order upon
11finding that the defendant's condition has changed.
12This bill would create a right of appeal for the
13department and the defendant for orders committing the
14defendant to the department's custody and orders
15modifying a conditional release order.
16This bill would grant the Court of Criminal
17Appeals the jurisdiction to hear the appeals.
18This bill would also make nonsubstantive,
19technical revisions to update the existing code
20language to current style.
21
22
23A BILL
24TO BE ENTITLED
25AN ACT
26
27Relating to criminal defendants with mental illness; to
28 amend Sections 15-16-43, 15-16-61, and 15-16-70, Code of
  Page 1
  SB323 INTRODUCED
29 Alabama 1975; to provide a right of appeal for the Department
30 of Mental Health and the defendant regarding orders of
31 commitment and orders of conditional release; to grant the
32 Court of Criminal Appeals jurisdiction to hear the appeals;
33 and to make nonsubstantive, technical revisions to update the
34 existing code language to current style.
35 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
36Section 1. Sections 15-16-43, 15-16-61, and 15-16-70,
37 Code of Alabama 1975, are amended to read as follows:
38"§15-16-43
39(a)(1) If, at the final hearing, the court finds that
40 the defendant has a mental illness and as a consequence of the
41 mental illness poses a real and present threat of substantial
42 harm to himself, or herself, or to others, the court shall
43 order the defendant committed to the custody of the
44 Commissioner of the Alabama State Department of Mental Health
45 Commissioner or to another public facility as the court may
46 order.
47(2) If the court does not make a finding that the
48 defendant has a mental illness and as a consequence of the
49 mental illness poses a real and present threat of substantial
50 harm to himself, or herself, or to others, then the defendant
51 shall be released from custody.
52(b) In determining whether the defendant poses a real
53 and present threat of substantial harm to himself, or herself,
54 or to others, the court shall consider all available relevant
55 information, including any known relevant aspects of the
56 defendant's psychosocial, medical, and psychiatric history, in
  Page 2
  SB323 INTRODUCED
57 addition to the defendant's current behavior.
58(c) The Department of Mental Health or the defendant
59 may appeal to the Court of Criminal Appeals the following
60 orders:
61(1) Orders entered pursuant to subsection (a).
62(2) Orders denying a petition for release concerning
63 that defendant."
64"§15-16-61
65The following definitions shall apply to this
66 articleFor the purposes of this article, the following terms
67 have the following meanings:
68(1) COURT. The court whichthat committed the defendant
69 pursuant to Section 15-16-43.
70(2) DEFENDANT. A defendant in a criminal case who has
71 been found not guilty by reason of insanity, or not guilty by
72 reason of mental disease or defect, and has been committed to
73 the custody of the Alabama State Department of Mental Health
74 and Mental Retardation or another facility as provided
75 bypursuant to Section 15-16-43.
76(3) DEPARTMENT. The State Department of Mental Health
77 and Mental Retardation.
78(4) DISTRICT ATTORNEY. The district attorney for the
79 judicial circuit of the court whichthat committed the
80 defendant pursuant to Section 15-16-43.
81(5) REGIONAL OR COMMUNITY MENTAL HEALTH FACILITY. Any
82 mental health facility providing mental health services
83 pursuant to Sections 22-51-1 through 22-51-14Chapter 51 of
84 Title 22."
  Page 3
  SB323 INTRODUCED
85"§15-16-70
86(a)(1) If at any time it appears to the court that the
87 defendant has failed to comply with the conditions of release,
88 that the defendant's condition has deteriorated to the point
89 that inpatient care is required, or that the release
90 conditions should be modified, the court may, after a hearing,
91 may either:
92a. modifyModify the release conditions; or
93b. orderOrder the defendant returned to the Department
94 of Mental Health and Mental Retardationdepartment for further
95 treatment.
96(2) All such hearings held pursuant to this section
97 shall be preceded by notice to the department and to the
98 parties required to be notified inpursuant to Section
99 15-16-63.
100(3) All such modifications and orders shall be guided
101 by the standard of whether suchthe modifications and orders
102 are necessary to ensure that the defendant does not pose a
103 real and present threat of substantial harm to himself,
104 herself, or to others.
105(b) The department or the defendant may appeal to the
106 Court of Criminal Appeals the following orders:
107(1) Orders entered pursuant to subsection (a).
108(2) Orders otherwise denying the release of a defendant
109 adjudicated not guilty by reason of insanity or by reason of
110 mental disease or defect pursuant to this article."
111Section 2. This act shall become effective on October
112 1, 2026.
  Page 4