(a) A respondent may be committed to inpatient treatment if the probate court finds, based upon clear and convincing evidenceat all of the following are true:

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Terms Used In Alabama Code 22-52-10.4

(1) The respondent has a mental illness.
(2) As a result of the mental illness, the respondent poses a real and present threat of substantial harm to self or others.
(3) The respondent , if not treated, will continue to suffer mental distress and continue to experience deterioration of the ability to function independently.
(4) The respondent is unable to make a rational and informed decision as to whether or not treatment for mental illness would be desirable.
(b) If the probate judge finds that no treatment is presently available for the respondent’s mental illness, but that confinement is necessary to prevent the respondent from causing substantial harm to himself or herself or to others, the order committing the respondent shall provide that, should treatment for the respondent’s mental illness become available at any time during the period of the respondent’s confinement, that treatment shall be made available to him or her immediatelyimmediately.
(c) In determining whether an individual poses a real and present threat of substantial harm to self or others, all available relevant information shall be considered, including any known relevant aspects of the individual’s psychosocial, medical, and psychiatric history, in addition to the individual’s current behavior.
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