SB339 Alabama 2026 Session

Summary

Primary Sponsor

Will BarfootSenator

Republican

Session

2026 Regular Session

Title

Crenshaw County; authorize law enforcement to take individual with mental illness into protective custody under certain conditions; legal immunity provided

Summary

Crenshaw County authorizes designated law enforcement to take a person believed to be mentally ill into protective custody under specific conditions, with hospital transport and immunity for responders.

What This Bill Does

If passed, a designated Crenshaw County officer may take someone believed to be mentally ill and in immediate danger into protective custody and transport them to a hospital for evaluation. The person can be held for up to 72 hours (not counting weekends or holidays) unless a probate judge orders further treatment. If a clinician determines the person is not mentally ill or not dangerous, they must be released promptly and the officer coordinates release and potential transport home within the county. Protective custody is not an arrest, and there is civil immunity for officers and facilities acting in good faith.

Who It Affects

• Crenshaw County law enforcement officers and designated agencies who may detain individuals meeting the criteria
• Individuals in Crenshaw County believed to be mentally ill and in danger who may be detained for evaluation and treatment
• Hospitals and other treatment facilities that evaluate and treat detained individuals and communicate findings to law enforcement
• Probating judges who may order further inpatient or outpatient treatment when applicable

Key Provisions

• Designated Crenshaw County law enforcement officers may take an individual believed to be mentally ill and in immediate danger into protective custody.
• The officer must transport the individual to a hospital or treatment facility for evaluation and may use reasonable force to transport if consent is not given.
• The individual may be held for up to 72 hours, excluding Saturdays, Sundays, and legal holidays, unless a probate judge orders further inpatient or outpatient treatment; if the clinician determines the person is not ill or not dangerous, they must be released promptly and the officer may arrange release and transport to the person's residence within the county.
• Protective custody is not an arrest and creates no detainment record; the act provides civil immunity to officers, hospitals, physicians, and other designated providers acting in good faith; it does not alter existing medical liability laws.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano-2025-08-07 on Mar 31, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crenshaw County