36-2026. Emergency admission
A. A publicly intoxicated person may be brought by a peace officer or any other
person to an approved local alcoholism reception center for emergency evaluation and
treatment if the intoxicated person:
1. Has threatened, attempted or inflicted physical harm on self or others, and is
likely to inflict physical harm on self or others unless admitted.
2. Is incapacitated by alcohol.
B. A peace officer who has reasonable cause to believe that a person is intoxicated
in a public place and such person is or may be a danger to self or others may transport
such person to a local alcoholism reception center. Unnecessary or unreasonable force
shall not be used in transporting the person and the person shall not be subjected to any
greater restraint than is necessary to transport the person to the local alcoholism
reception center.
C. A peace officer, who has reasonable cause to believe that a person is
intoxicated in a public place or a place open to the public and the person is or may be a
danger to self or others and there is no responsible person immediately available to
assist the intoxicated person, may transport the person to a detention facility if both
of the following circumstances exist:
1. A local alcoholism reception center or other approved facility is not available
within ten miles or the peace officer has determined that the local alcoholism reception
center or other approved facility is filled to capacity and has no further capacity at
the present time to provide evaluation and treatment services to additional persons.
2. The peace officer has been informed by the governing body of the city or town or
the board of supervisors of the county in which the peace officer is employed that the
deputy director of the division of behavioral health has determined that such city, town
or county has made a reasonable effort to provide adequate local alcoholism reception
services for persons incapacitated by alcohol and, based on that determination, has
issued a renewable three-month temporary waiver to allow the transportation of certain
intoxicated persons in the city, town or county to detention facilities pursuant to this
section. The determination may be made by the deputy director on application by the
governing body of the city or town or the board of supervisors of a county.
D. An intoxicated person received or accepted by a local alcoholism reception
center or detention facility shall not be subject to unnecessary or unreasonable
force. The local alcoholism reception center or detention facility shall use such
methods and exercise such restraint of the intoxicated person as is reasonably necessary
for the safety of such person and others and consistent with the provisions of this
section.
E. The administrator in charge of an approved local alcoholism reception center
shall discharge any person admitted pursuant to this section not more than twenty-four
hours, excluding weekends and holidays, after the person requests to be discharged or
after the administrator on advice of the medical staff determines that the grounds for
admission no longer exist.
F. Any person transported to a detention facility pursuant to this section may be
held in protective custody until the person is no longer intoxicated, until released to a
responsible person or for a period not exceeding twelve hours, whichever occurs first.
G. Any person released from protective custody pursuant to this section may at that
person's request be transported to a local alcoholism reception center or approved
facility for evaluation and treatment provided such facilities are available.
H. A person held in protective custody pursuant to this section is not considered
to have been arrested or to have been charged with any crime and may not be fingerprinted
or photographed for any reason.
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