Conditional Order Of Release Of Mentally Incompetent Defendant {CR-43} | Pdf Fpdf Doc Docx | Alabama

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Conditional Order Of Release Of Mentally Incompetent Defendant {CR-43} | Pdf Fpdf Doc Docx | Alabama

Conditional Order Of Release Of Mentally Incompetent Defendant {CR-43}

This is a Alabama form that can be used for CR-Series (Criminal) within Statewide.

Alternate TextLast updated: 9/11/2006

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State of Alabama Unified Judicial System Form CR-43 Rev.5 / 2000 CONDITIONAL ORDER OF RELEASE OF MENTALLY INCOMPETENT DEFENDANT Case Number IN THE CIRCUIT COURT OF _________________________________________________________________, ALABAMA (Name of County) STATE OF ALABAMA v. _____________________________________________________________________, Defendant In this cause, defendant having been found to be incompetent to stand trail due to mental disease or defect and further that: [Please check one]: 1. There is no substantial probability that the defendant will become competent within a reasonable time and that any risk of harm threatened by the defendant's release, either to himself or herself or to others, has been sufficiently minimized or abated by ongoing treatment or therapy; or 2. There is a substantial probability that defendant will be restored to competency within a reasonable period and defendant's release will pose no threat of substantial harm to himself or herself or to others; or 3. The parties have stipulated to the release of the defendant. IT IS HEREBY ORDERED that the defendant be conditionally released upon the following conditions: 1. The defendant shall submit to therapy and treatment designed to restore the defendant to competency within a reasonable period and (where applicable, to minimize or abate any risk of harm threatened by the defendant being at large), specifically ______________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________. 2. The defendant shall report to the court on (date) _____________at__________.m. (not to exceed 6 months from date of release) or annually thereafter and at such other times as the court may direct; and 3. the defendant shall appear to answer and to submit to the orders and processes of this court; and 4. The defendant shall refrain from committing any criminal offense; and 5. The defendant shall not depart from the State of Alabama without leave of this court; and 6. The defendant shall promptly notify the court of any change of address; and 7. ___________________________, who is responsible for the defendant's therapy and treatment shall submit original written reports on the defendant's status to the clerk of court under seal, within ninety-one(91) days of release and every ninety-one(91) days thereafter, and a copy of such reports shall be provided to the circuit judge, the defendant's attorney and the district attorney; and, upon further order of the court, to others having a proper interest therein. 8. The defendant shall execute an appearance bond in the amount of $ _______________________; and/or 9. The defendant shall remain in the custody of ________________________________________ who has agreed to supervise the defendant; and/or 10. _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ [Any other condition(s) which the court deems reasonably necessary.] This conditional release may be subsequently modified by the court; the conditional release may be revoked by the court at any time upon violation of any condition of release, upon a finding by the court that the defendant is mentally ill or has a mental defect and, as a consequence, poses a real and present threat of substantial harm to himself or herself or to others. ____________________ Date Rule 11.6(c)(2)(i)(i) and (3)(ii), Rule 11.6(d)&(f) Ala.R.Crim.P. ________________________________________ Circuit Judge Defense Attorney District Attorney Sheriff Dept. of Mental Health/Mental Retardation/Designated Regional Outpatient Program of DMHMR American LegalNet, Inc. www.USCourtForms.com

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