HB505 Criminal defendants with mental illness; right of appeal for…

Plain English Breakdown

The bill status shows 'Passed Legislature' in metadata but also lists a future date of February 2026 as the first reading, indicating this is likely draft text from a simulation or future scenario rather than current enacted law.

HB505: Appeals for Mental Health Commitment and Release Orders

This bill gives criminal defendants with mental illness and the Department of Mental Health the right to ask the Court of Criminal Appeals to review orders about their custody or release.

What This Bill Does

Creates a new right for both the defendant and the department to appeal orders committing them to state custody.
Allows appeals against orders that deny a petition for release.
Allows appeals against orders modifying conditional release conditions or returning a defendant to treatment.
Gives the Court of Criminal Appeals the power to hear these specific appeals.
Updates existing legal code language with technical changes to match current style.

Who It Names or Affects

Criminal defendants found not guilty by reason of insanity or mental disease who are in state custody.
The Alabama State Department of Mental Health and its facilities.
Courts that currently handle commitment hearings for these cases.

Terms To Know

Commitment: A court order placing a person in the custody of a mental health facility because they pose a real and present threat of substantial harm to themselves or others.
Conditional Release Order: Rules set by a court that allow a defendant to leave a facility while following specific safety requirements, which can be modified if conditions change.
Court of Criminal Appeals: The higher state court given the authority in this bill to review decisions made by lower courts regarding these cases.

Limits and Unknowns

This law does not take effect until October 1, 2026.
The text only describes who can appeal and which court hears them; it does not explain the specific steps or timeline for filing an appeal.

Official Summary Text

Criminal defendants with mental illness; right of appeal for commitment and conditional release order provided, jurisdiction to hear appeals provided

Current Bill Text

Read the full stored bill text

HB505 INTRODUCED
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HB505
NR7548J-1
By Representative Bolton
RFD: Judiciary
First Read: 24-Feb-26
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NR7548J-1 02/19/2026 EGC (L)EGC 2026-800
Page 1
First Read: 24-Feb-26
SYNOPSIS:
Under existing law, the court may order a
defendant with a mental illness committed to the
custody of the Department of Mental Health upon finding
that the defendant poses a real and present threat of
substantial harm to himself, herself, or to others, and
the court may modify a conditional release order upon
finding that the defendant's condition has changed.
This bill would create a right of appeal for the
department and the defendant for orders committing the
defendant to the department's custody and orders
modifying a conditional release order.
This bill would grant the Court of Criminal
Appeals the jurisdiction to hear the appeals.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to criminal defendants with mental illness; to
amend Sections 15-16-43, 15-16-61, and 15-16-70, Code of
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HB505 INTRODUCED
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amend Sections 15-16-43, 15-16-61, and 15-16-70, Code of
Alabama 1975; to provide a right of appeal for the Department
of Mental Health and the defendant regarding orders of
commitment and orders of conditional release; to grant the
Court of Criminal Appeals jurisdiction to hear the appeals;
and to make nonsubstantive, technical revisions to update the
existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 15-16-43, 15-16-61, and 15-16-70,
Code of Alabama 1975, are amended to read as follows:
"§15-16-43
(a)(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
Commissioner 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 himself , or herself ,
or to others, the court shall consider all available relevant
information, including any known relevant aspects of the
defendant's psychosocial, medical, and psychiatric history, in
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HB505 INTRODUCED
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defendant's psychosocial, medical, and psychiatric history, in
addition to the defendant's current behavior.
(c) The Department of Mental Health or the defendant
may appeal to the Court of Criminal Appeals the following
orders:
(1) Orders entered pursuant to subsection (a).
(2) Orders denying a petition for release concerning
that defendant. "
"§15-16-61
The following definitions shall apply to this
article For the purposes of this article, the following terms
have the following meanings :
(1) COURT. The court whichthat committed the defendant
pursuant to Section 15-16-43.
(2) DEFENDANT. A defendant in a criminal case who has
been found not guilty by reason of insanity, or not guilty by
reason of mental disease or defect, and has been committed to
the custody of the Alabama State Department of Mental Health
and Mental Retardation or another facility as provided
bypursuant to Section 15-16-43.
(3) DEPARTMENT. The State Department of Mental Health
and Mental Retardation .
(4) DISTRICT ATTORNEY. The district attorney for the
judicial circuit of the court whichthat committed the
defendant pursuant to Section 15-16-43.
(5) REGIONAL OR COMMUNITY MENTAL HEALTH FACILITY. Any
mental health facility providing mental health services
pursuant to Sections 22-51-1 through 22-51-14 Chapter 51 of
Title 22 ."
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HB505 INTRODUCED
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Title 22 ."
"§15-16-70
(a)(1) If at any time it appears to the court that the
defendant has failed to comply with the conditions of release,
that the defendant's condition has deteriorated to the point
that inpatient care is required, or that the release
conditions should be modified, the court may, after a hearing,
may either:
a. modify Modify the release conditions ; or
b. orderOrder the defendant returned to the Department
of Mental Health and Mental Retardation department for further
treatment.
(2) All such hearings held pursuant to this section
shall be preceded by notice to the department and to the
parties required to be notified inpursuant to Section
15-16-63.
(3) All such modifications and orders shall be guided
by the standard of whether suchthe modifications and orders
are necessary to ensure that the defendant does not pose a
real and present threat of substantial harm to himself ,
herself, or to others.
(b) The department or the defendant may appeal to the
Court of Criminal Appeals the following orders:
(1) Orders entered pursuant to subsection (a).
(2) Orders otherwise denying the release of a defendant
adjudicated not guilty by reason of insanity or by reason of
mental disease or defect pursuant to this article. "
Section 2. This act shall become effective on October
1, 2026.
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