SB348 Alabama 2020 Session

Summary

Primary Sponsor

Will BarfootSenator

Republican

Session

Regular Session 2020

Title

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

Summary

SB348 lets Crenshaw County officers take a person believed to be mentally ill into protective custody, transport them for evaluation, and provides immunity for officers acting in good faith.

What This Bill Does

The act lets a designated Crenshaw County law enforcement officer take someone into protective custody if there is reasonable cause to believe they are mentally ill and an immediate danger. The officer must transport the person to a hospital or designated facility for evaluation and treatment, and may use reasonable force if the person does not consent. The person may be held for up to 72 hours (excluding weekends and 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 arrange immediate release and may transport the person to their residence within the county. Protective custody is not an arrest, and records should not show detention or charging.

Who It Affects

• Crenshaw County law enforcement officers from a designated agency, who gain authority to take individuals into protective custody and are granted immunity for acting in good faith.
• Individuals believed to be mentally ill and potentially dangerous, who could be taken into protective custody for evaluation and treatment, held up to 72 hours, and then released or treated further (with potential transport to a residence within the county after release).

Key Provisions

• Applies only in Crenshaw County.
• Defines designated law enforcement agency and law enforcement officer for the act.
• Allows a designated officer to take an individual into protective custody if there is reasonable cause to believe they are mentally ill and an immediate danger to self or others.
• Requires transportation to a hospital or designated treatment facility for evaluation and treatment; allows reasonable force if transport is not voluntary.
• Provides a 72-hour hold period for protective custody, excluding weekends and holidays, with possible further inpatient or outpatient treatment by probate judge order.
• If medical staff determine the person is not mentally ill or not dangerous, hospital must inform the officer; officer coordinates immediate release and may transport to residence if within the county.
• Protective custody under this act is not an arrest and should not appear in records as detention or charging.
• Provides immunity from civil liability for officers and others acting in good faith under this act; does not modify existing medical liability laws.
• Effective date: becomes law on the first day of the third month after passage/approval.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crenshaw County