HB561 Alabama 2021 Session

Summary

Primary Sponsor

Jeff SorrellsRepresentative

Republican

Session

Regular Session 2021

Title

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

Summary

In Geneva County, a designated law enforcement officer can take a person believed to be mentally ill into protective custody for evaluation and treatment, with civil immunity for officers acting in good faith.

What This Bill Does

The bill authorizes a designated Geneva County law enforcement officer to take an individual they reasonably believe is mentally ill and an immediate danger into protective custody and transport them to a hospital or treatment facility for evaluation and treatment. The person may be held for up to 72 hours (not counting weekends or holidays) unless a probate judge orders further inpatient or outpatient treatment. If the evaluation finds the person not mentally ill or not dangerous, they must be released promptly, and the officer may arrange their return to the person's residence within the county; the action is not considered an arrest, and records of detention are not required.

Who It Affects

• Individuals in Geneva County who may be mentally ill and could be placed into protective custody and transported for evaluation and treatment.
• Law enforcement officers and designated agencies in Geneva County (and the hospitals/medical providers involved), who may detain and transport individuals under the act and receive immunity for good-faith actions.

Key Provisions

• Defines 'designated law enforcement agency' and 'law enforcement officer' within Geneva County and confirms authority to act concurrently with existing law.
• Allows a designated officer to take an individual into protective custody when there is reasonable cause to believe the person is mentally ill and an immediate danger to themselves or others; requires transport to a hospital or designated treatment facility for evaluation and treatment; permits reasonable force if the person does not consent to transport.
• Sets a 72-hour hold period (excluding weekends and holidays) for evaluation or treatment, with possible extension only if a probate judge orders further inpatient or outpatient treatment; if the attending clinician determines the person is not mentally ill or not a danger, the officer must promptly release and may arrange return to the person's residence within the county.
• Protective custody is not an arrest and should not create detention records; immunity is provided to state actors acting in good faith; the act does not modify existing Alabama liability laws; applies only in Geneva County; has a defined effective date 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

Geneva County