(a)

criminal case

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Terms Used In Alabama Code 15-16-43

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
(1) If, at the final hearing, the court finds 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 committed to the custody of the Commissioner of the Alabama State Department of Mental Health or to another public facility as the court may order.
(2) If the court does not make a finding 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, 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.
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