SB402 Alabama 2019 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: William “Bill” M. BeasleySenator
Democrat
Session: Regular Session 2019
Title: Barbour Co., law enforcement, authorized to take an individual with mental illness into protective custody under certain conditions, protection from civil and criminal liabilities
Summary: SB 402 allows Barbour County law enforcement to take a person believed to have a mental illness into protective custody under defined conditions and provides immunity for those acting in good faith.
What This Bill Does
A designated Barbour County law enforcement officer may place a person believed to be mentally ill and an immediate danger into protective custody and transport them to a hospital or designated facility for evaluation and treatment. If the person does not consent to transport, reasonable force may be used. 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 a danger, the officer coordinates immediate release and may transport the person home within the county. The action under this act is not an arrest and does not create a criminal record for the detained individual, and involved parties receive civil liability immunity when acting in good faith.

Who It Affects
Individuals in Barbour County who may be deemed mentally ill and in immediate danger, as they could be taken into protective custody and transported for evaluation.
Barbour County law enforcement officers and designated agencies, and hospitals or medical providers involved, who perform or participate in the process and receive civil liability immunity when acting in good faith.

Key Provisions
Applies only in Barbour County and authorizes a designated law enforcement officer to place a person believed to be mentally ill and dangerous into protective custody.
Requires transport to a hospital or designated treatment facility for evaluation; allows reasonable force to transport if the person does not consent.
Requires release within 72 hours unless a probate court orders further treatment; if medical staff determine the person is not mentally ill or not a danger, the officer must arrange immediate release and may transport the person home within the county.
Provides civil liability immunity for the officer, hospital, physician, and other involved entities acting in good faith; does not modify existing medical liability laws.

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