(a)

criminal case

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Terms Used In Alabama Code 15-16-67

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(1) If, after conducting the hearing, the court determines that the defendant no longer has a mental illness or no longer poses a real and present threat of substantial harm to himself or herself or to others by being at large, the court shall order his or her release.
(2) If the court determines that the defendant still has a mental illness but no longer poses a real and present threat of substantial harm to himself or herself or to others by being at large if his or her release is accompanied by certain conditions, the court shall order his or her release subject to those conditions necessary to prevent the defendant from posing a real and present threat of substantial harm to himself or herself or to others.
(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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