(a) The director of a state mental health facility or designated mental health facility to which a respondent is currently committed for inpatient treatment, not later than 30 days prior to the expiration of the current commitment order, shall assess the appropriateness of transferring the respondent to outpatient treatment as the least restrictive alternative necessary and available for the treatment of the respondent’s mental illness. The director may recommend to the probate court in writing that the order be modified to commit the respondent to outpatient treatment.
state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
(b) A recommendation under subsection (a) shall do both of the following:
(1) State the grounds for the director’s determination that outpatient treatment is the least restrictive alternative necessary and available for the treatment of the respondent’s mental illness.(2) Identify the designated mental health facility to which the director recommends that the respondent be committed for outpatient treatment.(c) Notice of the recommendation under subsection (a) shall be provided to both of the following:
(1) The respondent.(2) The director of the designated mental health facility identified under subsection (b), unless the director is the individual making the recommendation.(d) Upon request of the respondent or any other interested party, the probate court shall hold a hearing on the recommendation. The probate court shall appoint an attorney to represent the respondent at the hearing. The hearing shall be conducted in accordance with Section 22-52-9.(e) If a hearing is not requested, the court may make a decision regarding the facility director’s recommendation based upon both of the following:
(1) The grounds stated in the recommendation.(2) Consultation with the director of the designated mental health facility, or his or her designee, concerning the availability of resources to treat the respondent as an outpatient.(f) If the court modifies the order, the modified order shall conform to all requirements of an original commitment to outpatient treatment under Section 22-52-10.3, except that the modified order may not extend beyond the term of the original order by more than 60 days.
