Alabama bill aims to shift focus from jails to treatment for mental health, substance use

Sonny Brasfield, executive director of the Alabama County Commission Association, said he hopes the legislation will give a pathway for counties to use opioid settlement funds by providing additional mental health services for residents in Montgomery on April 3, 2024. (Alander Rocha/Alabama Reflector)

Alabama lawmakers have filed two bills aimed at making it easier to treat people dealing with both mental health and substance abuse disorders.

SB 240, sponsored by Sen. Will Barfoot, R-Pike Road, and HB 359, sponsored by Rep. Russell Bedsole, R-Alabaster are identical bills that supporters said would give probate judges jurisdiction to help keep those patients out of the criminal justice system.

Currently, if people are arrested when dealing with mental health and substance abuse disorders concurrently, those cases go to the circuit judge, whose only choice is to send them to a secured mental health facility.

“We don’t have space for that so it’s a very limited jurisdiction. That person who needs to continue to have access to medical treatment sort of gets stuck in the criminal justice system,” Bedsole said after the press conference.

Bedsole said that they added language to the current law that would allow probate judges to retain jurisdiction but remain in contact with district, circuit and municipal judges in case criminal charges need to be followed after the person gets appropriate mental health treatment.

“Some of this language really is more about the functional piece of how mental health in the criminal justice system works together,” Bedsole said.

Rep. Russell Bedsole, R-Alabaster, in the chamber of the Alabama House of Representatives on Tuesday, June 6, 2023. (Stew Milne/Alabama Reflector)

Bedsole’s bill passed the Alabama House Judiciary Committee on Wednesday.

Sonny Brasfield, executive director of the Association of County Commissions of Alabama, said that he hopes this legislation will give a pathway for counties to use opioid settlement funds by providing additional services for residents with mental health and substance abuse disorders concurrently.

“Being able to say someone has mental illness and co-occurring substance use disorder should help us be able to focus on treatment for these,” Brasfield said after the press conference.

Kimberly Boswell, commissioner of the Alabama Department of Mental Health, said during the press conference that the department has made “significant strides” in expanding mental health care access in Alabama through the crisis system-of-care, and that the goal of the system is to keep people out of jail. She said the bill would give probate judges the “clarifying language they need” to get people into treatment.

Boswell said that providers and probate judges often “represent the only hope for individuals and families in their communities.”

“We want to give them every possible tool to be that beacon of hope in their local communities. That is what this is about today. The citizens of Alabama who need our help,” Boswell said.

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