Section 22-52-31 Proceedings for Civil Commitment of Persons Accused of Crimes, Committed to Custody of Department of Mental Health and Determined to Be Unable to Attain Capacity to Proceed to Trial in Foreseeable Future; Effect of Such Civil Commitment Upon Statute of Limitations, Etc.

(a) Upon certification by the superintendent of Bryce or Searcy Hospital or any other facility so designated by the commissioner that any person accused of a crime and committed to the custody of the department in one of its facilities has been determined by appropriate members of the medical staffs of said facilities as designated by the superintendent to be unable to attain the capacity to proceed to trial in the foreseeable future, the commissioner or his designee is hereby authorized to petition the judges of probate of Tuscaloosa or Mobile Counties or any judge of probate where such facility exists for an order of civil commitment to the Department of Mental Health. All of the subsequent provisions of this article shall apply where the commissioner seeks such order. (b) Nothing in this section shall be construed to require any prosecuting attorney of the state, county or municipality to dismiss pending criminal charges against any defendant who has been voluntarily or involuntarily civilly committed because a determination was made that he did not have the capacity to proceed or continue to trial in the foreseeable future. (c) Civil commitment to the custody of the Department of Mental Health shall have the effect of tolling the applicable statute of limitation of the crime for which the defendant is charged; and, once the defendant is released from said custody, the prosecuting attorney shall forthwith reinstate the charges and proceed with the prosecution of the case.