HB284 Alabama 2021 Session

Summary

Primary Sponsor

Wes AllenSecretary

Republican

Session

Regular Session 2021

Title

Mental health, emergency treatment of mental illness, law enforcement officers authorized to take individuals into custody under certain circumstances, transportation to care facility, civil immunity provided, Secs. 45-3-172, 45-23-171, 45-27-171, 45-35-171 repealed; Secs. 22-52-100 to 22-52-104, inclusive, added.

Summary

HB284 lets certain law enforcement officers take a person 17 or older who may have a mental illness into protective custody and transport them to a facility for evaluation and treatment, bypassing the usual involuntary commitment process, with civil immunity for officers and facilities.

What This Bill Does

It authorizes designated law enforcement agencies to bypass the probate court involuntary commitment process under specific conditions to place someone in protective custody. The person is transported to a designated treatment facility for evaluation and treatment, with two physicians or one physician and one or more nurse practitioners or physician assistants signing a written statement that the person appears to have a mental illness and is a danger to self or others, and the probate judge must be notified within 24 hours. The individual must be released within 72 hours unless the judge orders further treatment, and if clinicians determine there is no mental illness or danger, the person must be released and may be transported to their home. The bill provides civil immunity to officers, medical facilities, and staff acting under these provisions, and it repeals conflicting local laws on similar programs.

Who It Affects

• Group 1: Individuals 17 years of age or older who are believed to have a mental illness and be an immediate danger to themselves or others; they may be placed in protective custody and transported for evaluation and treatment with limited detention.
• Group 2: Law enforcement officers from designated agencies, designated treatment facilities, and medical personnel; they gain authority to place individuals into protective custody, perform transport and evaluation duties, and receive civil immunity when acting under this law.

Key Provisions

• Adds Article 6 to Chapter 52, Title 22 to define terms: designated law enforcement agency, designated treatment facility, law enforcement officer, and mental illness.
• Authorizes a designated officer to take someone 17+ into protective custody if there is reasonable cause to believe they have a mental illness and are an immediate danger.
• Protective custody is not an arrest, and no crime record should indicate detention under this authority.
• Requires transport to a designated treatment facility for evaluation and treatment; the individual may contact someone of their choice.
• Requires two licensed physicians, or one physician and one or more NPs/PAs, to sign a written statement that the person appears mentally ill and dangerous, with the probate judge notified within 24 hours.
• The person must be released from the facility within 72 hours unless probate orders further inpatient or outpatient treatment.
• If treating staff determine the person does not have a mental illness or is not a danger, they must inform the designated law enforcement agency and release the person; officer may arrange transport to the person’s residence.
• Immunity from liability is granted to officers, hospitals, physicians, medical providers, and facilities acting under this article; the act clarifies this is state action.
• Repeals conflicting local laws and certain unrelated statutory sections (related to emergency treatment of mental illness).
• Effective date: becomes law on the first day of the third month after passage.

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 Officers