HB489 Alabama 2020 Session

Updated Feb 22, 2026

Summary

Primary Sponsor: Alan BakerRepresentative
Republican
Session: Regular Session 2020
Title: Escambia Co., law enforcement, authorized to take an individual with mental illness into protective custody under certain conditions, protection from civil and criminal liabilities
Summary: Escambia County law enforcement can take a person they believe has a mental illness into protective custody, transport them for evaluation, and receive civil immunity for acting in good faith.
What This Bill Does
HB489 allows a designated Escambia County law enforcement officer to take someone they reasonably believe is mentally ill and an immediate danger into protective custody and transport them to a hospital or treatment facility for evaluation. The person can be held for up to 72 hours for evaluation or treatment, excluding weekends and holidays, with possible extension only if a probate judge orders further inpatient or outpatient care. If medical staff determine the person is not mentally ill or not dangerous, the hospital informs the officer and the person is released promptly, with the officer arranging a return to the person's home within the county if possible. The act provides civil immunity to officers and other state agents acting in good faith and applies only in Escambia County, without changing existing medical liability laws.

Who It Affects
Escambia County law enforcement officers from designated agencies: can place individuals into protective custody and have immunity if acting in good faith.
Individuals believed to be mentally ill and an immediate danger: may be taken into protective custody, transported for evaluation, and held for up to 72 hours.
Hospitals, physicians, and other medical staff: conduct the evaluation and communicate findings to the officer; may participate in ordering further treatment.
Probate judges: have authority to order further inpatient or outpatient treatment after evaluation.

Key Provisions
Defines 'designated law enforcement agency' in Escambia County and 'law enforcement officer' as a certified officer.
Authorizes protective custody when there is reasonable cause to believe the person is mentally ill and an immediate danger to self or others.
Requires transport to a hospital or designated facility for evaluation; allows reasonable force to transport if needed.
Sets a 72-hour hold for evaluation/treatment (excluding weekends/holidays); probate judge can order further treatment.
If evaluation finds not mentally ill or not dangerous, hospital informs the officer, who must promptly release the person and may transport them to residence within the county.
Protective custody is not an arrest and does not create a crime record.
Provides immunity to officers and state agents acting in good faith; does not modify existing medical liability laws.
Effective date: first day of the third month after passage; applies only in Escambia County.

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