HB340 Alabama 2020 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Wes AllenSecretary
Republican
Session: Regular Session 2020
Title: Health, mental health, law enforcement, authorized to take an individual with mental illness into protective custody under certain conditions, protection from civil and criminal liabilities
Summary: HB340 would allow designated law enforcement officers to take a person 17 or older believed to be mentally ill into protective custody for evaluation and treatment, with immunity for involved personnel and facilities.
What This Bill Does
It lets officers from designated agencies detain someone they reasonably believe is mentally ill and an immediate danger, and transport them to a designated treatment facility for evaluation. The person can contact an adult, and reasonable force may be used if they won’t consent to transport. A medical team must certify the person as mentally ill and dangerous, with the probate judge notified within 24 hours; the person can be held up to 72 hours unless further treatment is ordered. If the facility determines the person is not mentally ill or dangerous, they must be released and the officer coordinates release (and may transport the person home within the county). The act provides civil liability immunity to officers, facilities, and medical staff acting under it and repeals conflicting local laws.

Who It Affects
Law enforcement officers and designated agencies: gain authority to take individuals into protective custody under the act and receive civil liability immunity when acting under its provisions.
Individuals 17 years or older who may be deemed mentally ill and a danger to themselves or others: could be placed in protective custody, transported for evaluation, held up to 72 hours, and subject to potential further treatment or release with rights to contact an adult.

Key Provisions
Authorizes a designated law enforcement officer to take a person 17+ into protective custody if there is reasonable cause to believe they are mentally ill and an immediate danger to themselves or others.
Requires transport to a designated treatment facility for evaluation and treatment; the individual may contact an adult; officer may use reasonable force to transport if necessary.
Requires two licensed physicians, or one physician and one or more NPs/PAs, to sign a written finding that the person appears mentally ill and in need of observation, with probate judge notified within 24 hours.
Holds the individual for up to 72 hours (excluding weekends and holidays) unless the probate judge orders further inpatient or outpatient treatment.
If medical staff determine the person is not mentally ill or not a danger, they must inform the officer promptly, who must arrange immediate release and release from protective custody, unless there is another legal basis to detain.
Protective custody under this act is not an arrest and does not create a detention record for crime purposes.
Provides immunity from civil liability for law enforcement, hospitals, physicians, and designated facilities when acting under this act.
Repeals conflicting local laws and requires counties to opt in by probate judge finding readiness and designation of treatment facilities, with notification to various state entities.
Costs for probable cause hearings are paid by the State General Fund; other cost rules apply depending on petition outcomes and indigence status.
Effective three months after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Law Enforcement