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 that the person is or may be a danger to self or others may transport the 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, that the person is or may be a danger to self or others and that 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 apply:

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 department has determined that the 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 director of the department on application by the governing body of the city or town or the board of supervisors of a county.

D. An intoxicated person who is 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 the person and others and consistent with 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 who is 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 who is released from protective custody pursuant to this section may be transported at that person's request to a local alcoholism reception center or approved facility for evaluation and treatment if such facilities are available.

H. A person who is 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.