Where any person who is currently in the custody of the Department of Mental Health has been adjudicated “not guilty by reason of insanity” pursuant to the provisions of Sections 15-16-24, 15-16-25 and 15-16-40, the commissioner or his designee shall 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.
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