Key Information

Relevant Statutes and Rules

Ala. R. Crim. P. 11.1 et seq.; Ala. Code § 15-16-21

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

1 

Ala. R. Crim. P. 11.3(d).

Qualifications of examiners

Psychologist or psychiatrist

Ala. R. Crim. P. Rule 11.3(a)

What must the evaluation report contain

(1) opinion as to whether defendant is incompetent
(2) if incompetent:
"(i) The condition causing the defendant's incompetency and the nature thereof;
(ii) The treatment required for the defendant to attain competency;
(iii) The most appropriate form and place of treatment, in view of the defendant's therapeutic needs and potential danger to himself or herself, or to others, and an explanation of appropriate treatment alternatives;
(iv) The likelihood of the defendant's attaining competency under treatment and the probable duration of the treatment; and
(v) The availability of the various types of acceptable treatment in the local geographic area, specifying the agencies or the settings in which the treatment might be obtained and whether the treatment would be available on an out-patient basis."

Ala. R. Crim. P. 11.3(c)

"The report may also include such additional findings and opinions concerning whether the defendant's mental condition creates a present danger to the defendant or to others, as the psychologist or psychiatrist signing the report may deem pertinent." Ala. R. Crim. P. 11.3(c)(1)

Are low-level offenses excluded from restoration

"Rule 11 does not apply to proceedings in district or municipal courts." Ala. R. Crim. P. 11.9

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

Outpatient unless "defendant's being at large poses a real and present threat of substantial harm to the defendant or others."

Ala R. Crim. P. 11.6(c)(3)(i), (ii)

What is the test for restorability

"No substantial probability that the defendant will become competent within a reasonable period of time."

Ala. Rule Crim. P. 11.6

What is the procedure after restoration

Notice provided to court that defendant's competence has been restored. Court holds hearing within 42 days on competence, and issues decision within 14 days after hearing. (11.6(g)) If defendant is competent, criminal proceedings resume. (11.7(c))

What is the procedure if there is a finding of unrestorability

If risk of substantial harm, defendant is committed to DMH for 6 mos or until competency restored, unless risk of harm minimized by treatment.

If no threat of harm, case is dismissed (with or without prejudice).

Ala. R. Crim. P. 11.6

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

N/A

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

Indefinite, with annual review.

Ala. R. Crim. P. 11.6(d)(1), (d)(4)