HB 431

Relating to Dale County; to authorize a law enforcement officer from a designated law enforcement agency to take an individual whom the officer believes has a mental illness into protective custody under certain conditions; to provide for the transportation of the individual to a hospital or other facility for evaluation and treatment; and to provide protection from civil or criminal liability to law enforcement officers who, in good faith, place individuals with mental illness into protective custody.

Section 1

This act shall only apply in Dale County.

Section 2

(a) For the purposes of this section, the following terms have the following meanings: (1) DESIGNATED LAW ENFORCEMENT AGENCY. A law enforcement agency within Dale County that is authorized by the sheriff to exercise the authority described in this act. (2) LAW ENFORCEMENT OFFICER. Any state, county, or municipal officer certified by the Alabama Peace Officers' Standards and Training Commission. (b)(1) Concurrently with Article 1 of Chapter 52 of Title 22, Code of Alabama 1975, a law enforcement officer from a designated law enforcement agency may take an individual into protective custody when the officer has reasonable cause to believe that the individual is mentally ill and is an immediate danger to himself or herself or others. (2)a. Upon placement of an individual under protective custody pursuant to subdivision (1), the law enforcement officer shall transport the individual to a hospital providing care and treatment to those with mental illnesses or other designated treatment facility for an evaluation and treatment. b. If the individual does not consent to the transport, the officer may use reasonable force necessary to carry out the transport. c. The individual shall be released from the hospital or designated treatment facility within 72 hours, exclusive of Saturday, Sunday, or any legal holiday, unless a judge of probate orders further inpatient or outpatient treatment for the individual as provided in Article 1 of Chapter 52 of Title 22, Code of Alabama 1975. d. Upon a determination by an attending physician, nurse practitioner, or physician assistant at a hospital licensed in this state that an individual transported to the hospital pursuant to this section is not mentally ill or a danger to self or others, the hospital shall promptly communicate this information to the appropriate law enforcement officer. The law enforcement officer shall coordinate the immediate release of the individual from the hospital and shall release the individual from protective custody unless the law enforcement officer has some legal cause for detaining the individual other than the individual's mental condition. After the individual is released, and upon request of the individual, the law enforcement officer shall transport the individual to his or her residence or other place of abode if it is within the county. (c) Protective custody by a law enforcement officer under this section shall not be considered an arrest for any purpose, and no entry or other record may be made to indicate that an individual subject to temporary protective custody by a law enforcement officer under this section has been detained or charged with any crime. (d) A law enforcement officer acting in good faith pursuant to this section may not be held civilly or criminally liable for false imprisonment, and a hospital or other designated treatment facility shall not be civilly or criminally liable for the admission or release of an individual pursuant to this section.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.