State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-301

Part 9.Public Intoxication.

§ 122C‑301.  Assistanceto an individual who is intoxicated in public;  procedure for commitment toshelter or facility.

(a)        An officer mayassist an individual found intoxicated in a public place by taking any of thefollowing actions:

(1)        The officer maydirect or transport the intoxicated individual  home;

(2)        The officer maydirect or transport the intoxicated individual to the residence of anotherindividual willing to accept him;

(3)        If the intoxicatedindividual is apparently in need of and apparently unable to provide forhimself food, clothing, or shelter but is not apparently in need of immediatemedical care, the officer may direct or transport him to an appropriate publicor private shelter facility;

(4)        If the intoxicatedindividual is apparently in need of but apparently unable to provide forhimself immediate medical care, the officer may direct or transport him to anarea facility, hospital, or physician's office; or the officer may direct ortransport the individual to any other appropriate health care facility; or

(5)        If the intoxicatedindividual is apparently a substance abuser and is apparently dangerous tohimself or others, the officer may proceed as provided in Part 8 of thisArticle.

(b)        In providing the assistanceauthorized by subsection (a) of this section, the officer may use reasonableforce to restrain the intoxicated individual if it appears necessary to protecthimself, the intoxicated individual, or others. No officer may be heldcriminally or civilly liable for assault, false imprisonment, or other torts orcrimes on account of reasonable measures taken under authority of this Part.

(c)        If the officertakes the action described in either subdivision (a)(3) or (a)(4) of thissection, the facility to which the intoxicated individual is taken may detainhim only until he becomes sober or a maximum of 24 hours. The individual maystay a longer period if he wishes to do so and the facility is able toaccommodate him.

(d)        Any individual whohas knowledge that a person assisted to a shelter or other facility undersubdivisions (a)(3) or (a)(4) of this section is a substance abuser and isdangerous to himself or others may proceed as provided in Part 8 of thisArticle. (1977, 2nd Sess., c. 1134, s. 2; 1981, c. 519, s. 5;1985, c. 589, s. 2.)