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  trial  due  to  mental  disease  or  defect  and 

further that: [Please check one]:  

(cid:133) 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  
(cid:133) 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  
(cid:133) 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.
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.

the defendant shall appear to answer and to submit to the orders and processes of this court; and

___________________________,  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  

efense Attorney       District Attorney       Sheriff   Dept. of Mental Health/Designated Regional Outpatient Program of Department

  D