SB105 Alabama 2022 Session

Summary

Primary Sponsor

William “Bill” M. BeasleySenator

Democrat

Session

Regular Session 2022

Title

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

Summary

SB105 allows designated Henry County law enforcement officers to take individuals believed to have a mental illness into protective custody for evaluation and treatment, with transport to a facility and immunity for good-faith actions, and applies only in Henry County.

What This Bill Does

If there is reasonable cause to believe someone has a mental illness and is an immediate danger, a designated Henry County law enforcement officer may take them into protective custody and transport them to a hospital or treatment facility for evaluation. The person can be held up to 72 hours (excluding weekends and holidays) unless a probate judge orders further treatment. If medical staff determine the person no longer has a mental illness or is not a danger, they must be released promptly, and may be transported to their home upon request. Protective custody under this act is not an arrest and no detention record need be kept. The act provides immunity for officers and facilities acting in good faith and clarifies it does not replace existing medical liability laws.

Who It Affects

• Individuals in Henry County who may have a mental illness and could be placed into protective custody for evaluation and treatment.
• Designated Henry County law enforcement officers and agencies (and the hospitals/medical providers involved) who may exercise protective custody, transport, and evaluation duties and receive immunity for good-faith actions.

Key Provisions

• Authorized a designated Henry County law enforcement officer to take an individual into protective custody when there is reasonable cause to believe the individual has a mental illness and is an immediate danger to self or others.
• Require transport of the individual to a hospital or designated treatment facility for evaluation and treatment; allow reasonable force if the individual does not consent to transport; hold for up to 72 hours excluding weekends/holidays unless a probate judge orders further treatment.
• Not a criminal arrest; no detention record is required; if medical staff determine no longer ill or not dangerous, the individual must be released promptly and may be transported to residence upon request.
• Provide immunity for officers, hospitals, physicians, and other facilities acting in good faith; clarify that the act does not modify existing medical liability laws.

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

Subjects

Henry County