On page 3, after line 15, of the Senate Health and Human Services Engrossed bill, insert: "
Section 5. That § 34-20A-70 be AMENDED:
34-20A-70.
A person may be
committed by the circuit court upon the petition of the person's
spouse or guardian, a relative, a physician, the administrator of any
approved treatment facility, or any other responsible person. Any
person applying for commitment shall do so to the circuit court
through the clerk of courts of the county in which the person to be
committed resides or is present. The circuit court judge, upon
receipt of a written application prepared by the clerk of courts,
shall appoint an attorney to represent the applicant. The appointed
attorney shall investigate the grounds upon which the application is
based and shall within five days, excluding Saturdays, Sundays, and
legal holidays, submit
a petition for commitment and
a written report to the circuit court as to whether probable cause
exists that the person subject of the petition is an alcoholic or
drug abuser. All information obtained as a result of the
investigation and written report shall be documented and made a part
of the record of any further proceedings. The petition shall allege
that the person is an alcoholic or drug abuser who habitually lacks
self‑control as to the use of alcoholic beverages or other
drugs and:
(1) Has threatened, attempted, or inflicted physical harm on himself or herself or on another and that unless committed is likely to inflict harm on himself or herself or on another; or
(2) Is incapacitated by the effects of alcohol or drugs; or
(3) Is pregnant and abusing alcohol or drugs.
A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment."
On page 4, line 27, of the Senate Health and Human Services Engrossed bill, after "be " insert "personally "
On page 4, line 27, of the Senate Health and Human Services Engrossed bill, after "the " insert "person whose commitment is sought and served by mail on the "
On page 4, line 27, of the Senate Health and Human Services Engrossed bill, after "petitioner," delete " the person whose commitment is sought,"
On page 4, line 31, of the Senate Health and Human Services Engrossed bill, after "advisable. " delete "A copy of the petition and certificate must be delivered to each person notified."