Section 45-34-170.20 - Protective custody for individual with suspected mental illness(a) For the purposes of this section, the following terms have the following meanings: (1) DESIGNATED LAW ENFORCEMENT AGENCY. A law enforcement agency within Henry County that is authorized by the sheriff to exercise the authority described in this section.(2) LAW ENFORCEMENT OFFICER. Any state, county, or municipal officer certified by the Alabama Peace Officers' Standards and Training Commission.(b)(1) Concurrently with Article 5 of Chapter 52 of Title 22, Code of Alabama 1975, a law enforcement officer from a designated law enforcement agency may take an individual into protective custody when the officer has reasonable cause to believe that the individual has a mental illness and is an immediate danger to himself or herself or others.(2)a. Upon placement of an individual under protective custody pursuant to subdivision (1), the law enforcement officer shall transport the individual to a hospital providing care and treatment to those with mental illnesses or other designated treatment facility for an evaluation and treatment.b. If the individual does not consent to the transport, the officer may use reasonable force necessary to carry out the transport.c. The individual shall be released from the hospital or designated treatment facility within 72 hours, exclusive of Saturday, Sunday, or any legal holiday, unless a judge of probate orders further inpatient or outpatient treatment for the individual as provided in Article 1 of Chapter 52 of Title 22, Code of Alabama 1975.d. Upon a determination by an attending physician, nurse practitioner, or physician assistant at a hospital licensed in this state that an individual transported to the hospital pursuant to this section does not have a mental illness or is not a danger to self or others, the hospital shall promptly communicate this information to the appropriate law enforcement officer. The law enforcement officer shall coordinate the immediate release of the individual from the hospital and shall release the individual from protective custody unless the law enforcement officer has some legal cause for detaining the individual other than the individual's mental condition. After the individual is released, and upon request of the individual, the law enforcement officer shall transport the individual to his or her residence or other place of abode if it is within the county.(c) Protective custody by a law enforcement officer under this section shall not be considered an arrest for any purpose, and no entry or other record may be made to indicate that an individual subject to temporary protective custody by a law enforcement officer under this section has been detained or charged with any crime.(d)(1) It is the policy of this state to encourage a law enforcement officer, hospital, physician, medical provider, or other designated treatment facility to act in the best interests of the state by detaining individuals who have mental illnesses and are a danger to themselves or others for evaluation and treatment. The state finds that these actions are necessary to protect the individuals and the public. These entities and individuals are acting in the name of the state and are acting as state agents when acting pursuant to this section in making determinations, detaining, releasing, admitting, discharging, or otherwise taking action under this section. When acting pursuant to this section, a law enforcement officer, hospital, physician, medical provider, or other designated treatment facility shall be afforded immunity under Section 36-1-12, Code of Alabama 1975, as any other state employee or agent of the state.(2) Nothing in this act shall modify, amend, repeal, or supersede any provision of Section 6-5-333, Code of Alabama 1975, the Alabama Medical Liability Act of 1987, commencing with Section 6-5-540, Code of Alabama 1975, or the Alabama Medical Liability Act of 1996, commencing with Section 6-5-548, Code of Alabama 1975, or any amendment to any of these laws or any judicial interpretation of these laws.Ala. Code § 45-34-170.20 (1975)
Added by Act 2022-102,§ 2, eff. 6/1/2022.