AlabamaSB3392026 Regular SessionSenate

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

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 1 costs, 1 mixed.

Mental health custody in Crenshaw County

Beginning October 1, 2026, this law allows temporary mental health custody only in Crenshaw County, Alabama. Officers must belong to a sheriff-designated agency and be certified by the Alabama Peace Officers' Standards and Training Commission. An officer must reasonably believe the person has a mental illness and poses an immediate danger to themselves or others. The officer must take the person to a hospital or treatment facility for evaluation and treatment under state procedures. Reasonable force is allowed if the person does not consent to transport. Release is required within 72 hours, not counting Saturdays, Sundays, or legal holidays, unless a probate judge orders further inpatient or outpatient treatment. If an attending physician, nurse practitioner, or physician assistant finds no mental illness or no danger, the hospital must promptly notify the officer. The officer must arrange immediate release unless another legal basis allows detention. After release, the officer must provide a ride to the person's home or other residence within the county, upon request. Protective custody is not an arrest, and records cannot describe it as detention for a crime or a criminal charge.

Legal immunity for Crenshaw custody providers

Beginning October 1, 2026, officers and care providers acting under Crenshaw County's mental health custody law receive civil liability immunity. This covers hospitals, physicians, medical providers, and designated treatment facilities, using the same immunity framework as state employees or agents. This protection may limit a person's ability to hold these parties liable through a civil lawsuit. The law leaves the Alabama Medical Liability Acts of 1987 and 1996 unchanged, including their amendments and court interpretations.

Sponsors & Cosponsors

Sponsor

Will Barfoot
Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 124 • No: 0

House vote • 3/17/2026

Motion to Read a Third Time and Pass - Adopted Roll Call 931

Yes: 11 • No: 0 • Other: 91

House vote • 3/17/2026

Third Reading in Second House

Yes: 47 • No: 0 • Other: 55

Senate vote • 3/10/2026

Motion to Read a Third Time and Pass - Adopted Roll Call 745

Yes: 33 • No: 0

Senate vote • 3/10/2026

Third Reading in House of Origin