§ 12-11-111 — Discretionary transport to sobering center - Definition

(a) As used in this section, "sobering center" means a facility or setting for providing recovery, detoxification, and recuperation from the effects of an intoxicating substance, the focus of which is treating persons who are intoxicated or have substance abuse issues. (b) A law enforcement officer may, in the exercise of reasonable discretion, transport an intoxicated person to a sobering center for treatment as an alternative to conveying that person to a county, city, or regional detention facility for incarceration. (c) (1) When a law enforcement officer transports a person to and the person is admitted to a sobering center, the person is no longer legally in the custody of or detained by the law enforcement officer. (2) When the sobering center observation process begins, the person shall be considered to have admitted himself or herself voluntarily to the sobering center. (d) A sobering center may be associated with an acute care unit, community mental health center, or crisis stabilization unit. (e) A law enforcement officer acting in good faith in connection with the transportation of an intoxicated person to a sobering center is immune from civil or criminal liability for any allegation resulting from the transportation of the intoxicated person to the sobering center. (f) A person detained for boating or driving while intoxicated, § 5-65-103 , or for a felony offense is not eligible under this section to be transported to a sobering center.

Legislative History

Amended by Act 2023, No. 83,§ 1, eff. 8/1/2023. Added by Act 2021, No. 587,§ 1, eff. 7/28/2021.