HB290 Alabama 2021 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Mike Jones
Republican
Session: Regular Session 2021
Title: Covington Co., law enforcement, authorized to take an individual with mental illness into protective custody under certain conditions, protection from civil and criminal liabilities
Summary: HB290 lets Covington County law enforcement take a person they believe has a mental illness into protective custody under specific conditions and provides immunity for officers acting in good faith.
What This Bill Does
It authorizes a designated Covington County law enforcement officer to take an individual 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; if the person does not consent to transport, reasonable force may be used. The person may be held up to 72 hours (excluding weekends and holidays) unless a probate judge orders further treatment, and if not found mentally ill or dangerous, the person must be released promptly; after release, they may be transported to their residence within the county. Protective custody under this act is not an arrest, and the act provides immunity for officers and treatment facilities acting in good faith.

Who It Affects
Individuals in Covington County who may be believed to have a mental illness and could be placed into protective custody, affecting their rights to evaluation, detention, and release.
Designated law enforcement officers and their agencies in Covington County who gain authority to detain, transport, and coordinate treatment for individuals, and the hospitals/medical facilities that evaluate and treat them (with related immunity).

Key Provisions
Applies only in Covington County and defines 'designated law enforcement agency' and 'law enforcement officer'.
Allows a designated officer to take a person into protective custody if there is reasonable cause to believe they are mentally ill and an immediate danger to themselves or others.
Requires transport of the detained person to a hospital or designated treatment facility for evaluation and treatment; if transport is refused, reasonable force may be used.
Allows detention for up to 72 hours (excluding weekends/holidays) unless a probate judge orders further inpatient or outpatient treatment.
If a medical professional determines the person is not mentally ill or not a danger, the hospital must inform the officer and arrange immediate release; the person may be transported to their residence within the county after release.
Protective custody under this act is not an arrest and creates no record of detention or charges for the individual.
Provides immunity for officers, hospitals, physicians, and providers acting in good faith; clarifies it does not modify existing medical liability laws.
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: Covington County