SB390 Alabama 2017 Session

Summary

Primary Sponsor

Greg J. Reed

Republican

Session

Regular Session 2017

Title

Substance abuse, involuntary commitment of individuals for assessment, treatment, and stabilization, protective custody by law enforcement under certain conditions

Summary

SB390 creates a supplemental court-based process to involuntarily assess and treat substance abuse impairment, with protective custody by police and penalties for false admissions.

What This Bill Does

It allows a person to file a petition in probate court to involuntarily assess and stabilize someone for up to five days (extendable) and to involuntarily treat them for up to 60 days (extendable) if they are substance abuse impaired. It establishes hearing procedures, appointment of counsel or a guardian ad litem, and requires clear procedures to determine impairment and appropriate treatment. It authorizes law enforcement to enforce protective custody, provides immunity for officers, and creates penalties for false information used to obtain involuntary admission. It also requires petitioners to cover costs and sets release or renewal options depending on whether conditions improve or persist.

Who It Affects

• Substance abuse impaired individuals who could be involuntarily assessed, stabilized, and treated for short periods (five days) or longer (up to 60 days) under court order, including protection under law enforcement custody and potential hearings and representation.
• Petitioners (including family, guardians, or other interested persons) and law enforcement, who may file petitions, incur filing costs, enforce protective custody, receive immunity for proper actions, and be subject to penalties for providing false information.

Key Provisions

• Allows any person to file a petition in the probate court for involuntary assessment, treatment, and stabilization of a substance abuse impaired individual for up to five days (extendable under conditions).
• Allows involuntary treatment of a substance abuse impaired individual for up to 60 days (extendable) with court extension options and potential custody by law enforcement to the licensed service provider.
• Authorizes protective custody by law enforcement to transport or detain individuals for involuntary assessment or treatment; grants immunity to officers acting in good faith; requires the Department of Mental Health to maintain a public list of licensed facilities.
• Requires hearings within specified timeframes, appointment of counsel or guardian ad litem as needed, and clear and convincing evidence to prove substance abuse impairment for treatment orders.
• Imposes costs on the petitioner for involuntary assessment and treatment; includes penalties (Class A misdemeanor) for knowingly providing false information to obtain involuntary admission.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Substance Abuse