(a)(1)Concurrently with Article 1, commencing with Section 22–52–1.1, of Chapter 52of Title 22, a law enforcement officer from a designated law enforcement agencymay take an individual into protective custody when the officer has reasonable cause to believethat the individual is mentally ill and is an immediate danger to himselfor herself or others.(2)a. Upon placement of an individual under protective custody pursuant to subdivision (1), the law enforcement officer shall transport theindividual to a hospital providing care and treatment to those with mentalillnesses or other designated treatment facility for an evaluation andtreatment.b. If the individual does not consent to the transport, the officer mayuse reasonable force necessary to carry out the transport.c. The individual shall be released from the hospital or designatedtreatment facility within 72 hours, exclusive of Saturday, Sunday, or any legalholiday, unless a judge of probate orders further inpatient or outpatienttreatment for the individual as provided in Article 1, commencing withSection 22–52–1.1, of Chapter 52 of Title y, or any legalholiday, unless a judge of probate orders further inpatient or outpatienttreatment for the individual as provided in Article 1, commencing withSection 22–52–1.1, of Chapter 52 of Title 22.d. Upon a determination by an attending physician, nurse practitioner,or physician assistant at a hospital licensed in this state that an individualtransported to the hospital pursuant to this section is not mentally ill or adanger to self or others, the hospital shall promptly communicate this information to the appropriate law enforcement officer. The law enforcement officershall coordinate the immediate releaseof the individual from thehospital and shall release the individual from protective custodyunless the law enforcement officer has some legal cause for detaining theindividual other than the individual’s mental condition. After the individualis released, and upon request of the individual, the law enforcement officershall transport the individual to his or her residence or other place of abodeif it is within the county.(b) Protective custody by alaw enforcement officer under this section shall not be considered an arrest for any purpose,and no entry or otherrecord may be her place of abodeif it is within the county.(b) Protective custody by alaw enforcement officer under this section shall not be considered an arrest for any purpose,and no entry or otherrecord may be made to indicatethat an individual subject to temporary protective custodyby a law enforcement officer under this section has been detained or chargedwith any crime.(c)(1) It isthe policy of this state to encourage a law enforcement officer, hospital, physician, medical provider, or other designated treatment facility toact in the best interests of the state by detaining individuals who arementally ill and a danger to themselves or others for evaluation and treatment. The state finds that these actions arenecessary to protect the individuals and the public. These entities and individuals are acting in thename of the state and are acting as state agents, when acting pursuant to thissubpart, in making determinations, detaining, releasing, admitting,discharging, or otherwise taking action under this subpart. When acting pursuant to this subpart, alaw enforcement officer, hospital, physician, medical provider, or otherdesignated treatment facility shall be afforded immunity under Section der this subpart. When acting pursuant to this subpart, alaw enforcement officer, hospital, physician, medical provider, or otherdesignated treatment facility shall be afforded immunity under Section 36–1–12,as any other state employee or agent of the state.(2) Nothing in this subpartshall modify, amend,repeal, or supersede any provision of Section 6–5–333, the Alabama Medical LiabilityAct of 1987, commencing with Section 6–5–540, or the Alabama Medical LiabilityAct of 1996, commencing with Section 6–5–548,or any amendment to any of these laws or any judicial interpretationof these laws.(Act 2019–536, § 4.)
Alabama Legal Code