HB431 Alabama 2019 Session

Summary

Primary Sponsor

Steve ClouseRepresentative

Republican

Session

Regular Session 2019

Title

Dale Co., law enforcement, authorized to take an individual with mental illness into protective custody under certain conditions, protection from civil and criminal liabilities

Summary

HB 431 authorizes a Dale County law enforcement officer to take a person believed to be mentally ill into protective custody for evaluation, with transport to a facility and immunity for officers acting in good faith.

What This Bill Does

It allows a designated Dale County law enforcement officer to take someone believed to be mentally ill and in immediate danger into protective custody. The officer must transport the person to a hospital or designated facility for evaluation and treatment, and may use reasonable force if the person resists. The person must be released within 72 hours unless a probate judge orders further treatment, and if medical staff determine the person is not mentally ill or not dangerous, the officer must arrange immediate release and may transport the person to their residence within the county. Protective custody is not considered an arrest, and officers and facilities have civil immunity when acting in good faith.

Who It Affects

• Individuals in Dale County who are believed to be mentally ill and may be an immediate danger to themselves or others; they could be taken into protective custody, transported for evaluation, and held briefly under the conditions described.
• Designated Dale County law enforcement officers and their agencies; they gain authority to place individuals into protective custody under specified conditions and receive civil and criminal immunity for actions taken in good faith.

Key Provisions

• A designated Dale County law enforcement officer may take an individual into protective custody when there is reasonable cause to believe the person is mentally ill and an immediate danger to themselves or others.
• The officer must transport the individual to a hospital or designated treatment facility for evaluation and treatment; if the individual does not consent to transport, the officer may use reasonable force.
• The individual must be released from the hospital or facility within 72 hours (excluding weekends/holidays) unless a probate judge orders further inpatient or outpatient treatment.
• If medical staff determine the person is not mentally ill or not dangerous, the hospital must inform the officer, who must coordinate immediate release and, if within the county, transport the individual to their residence after release.
• Protective custody under this act is not an arrest, and no record should indicate detention or charging while in protective custody.
• Officers acting in good faith, and the hospital or facility, are immune from civil or criminal liability for actions taken under this act; immunity extends to those acting as state agents.
• The act does not modify certain provisions of existing Alabama Medical Liability Acts.
• Effective date: the first day of the third month after passage and governor’s approval (per the bill’s Section 3).

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

Subjects

Dale County