Alabama § 15-16-41 - Determination of Necessity for Hearing as to Involuntary Commitment of Defendant Found Not Guilty by Reason of Insanity; Subsequent Proceedings.

§ 15-16-41. Determination of Necessity for Hearing as to Involuntary Commitment of Defendant Found Not Guilty by Reason of Insanity; Subsequent Proceedings.

(a) If a defendant in a criminal case is found not guilty by reason of insanity, the court shall determine whether the defendant should be held for a hearing on the issue of his or her involuntary commitment to the Alabama State Department of Mental Health. If the court determines that there is probable cause to believe that the defendant has a mental illness and as a consequence of the mental illness poses a real and present threat of substantial harm to himself or herself or to others, the court shall order the defendant into the custody of the sheriff until a hearing can be held to determine whether the defendant shall be involuntarily committed. If the court does not make such a determination, then the defendant shall be released from custody.

(b) In determining whether the defendant poses a real and present threat of substantial harm to self or others, the court shall consider all available relevant information, including any known relevant aspects of the defendant’s psychosocial, medical, and psychiatric history, in addition to the defendant’s current behavior.