Senate Bill 339 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

Authorizes designated Crenshaw County law enforcement officers to take individuals believed to have a mental illness into protective custody under defined conditions, with transport to treatment and immunity for officers acting in good faith.

What This Bill Does

In Crenshaw County, designated officers may take a person they reasonably believe is mentally ill and an immediate danger into protective custody. The officer must transport the person to a hospital or treatment facility for evaluation and treatment, and may use reasonable force if needed. The person must be released within 72 hours (excluding weekends and holidays) unless a probate judge orders further treatment, and hospitals must inform officers promptly if the person is not mentally ill or not a danger, coordinating release and possible transport home within the county. The act provides immunity to officers and involved facilities for good-faith actions and becomes effective October 1, 2026.

Who It Affects

• Individuals in Crenshaw County who may be taken into protective custody and transported for mental health evaluation and treatment.
• Law enforcement officers and designated agencies in Crenshaw County who gain authority to place individuals into protective custody and receive immunity for actions taken in good faith.

Key Provisions

• Limits the act to Crenshaw County and designates a 'Designated Law Enforcement Agency' within the county as authorized to act.
• Allows a designated officer to take an individual into protective custody when there is reasonable cause to believe they are mentally ill and an immediate danger to themselves or others.
• Requires transportation to a hospital or treatment facility for evaluation and treatment; allows reasonable force if the individual resists transport.
• Requires release within 72 hours (excluding weekends/holidays) unless a probate judge orders further inpatient or outpatient treatment;
• If a hospital determines the individual is not mentally ill or not a danger, it must inform the officer promptly and coordinate immediate release; the officer may transport the individual to their residence within the county upon request.
• Protective custody is not an arrest, and records should not indicate detention; officers and facilities receive immunity for good-faith actions under this act; the act does not modify existing liability laws.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano-2025-08-07 on Mar 3, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crenshaw County