§ 25-15 — Emergency treatment

(a) An alcohol or other drug impaired person who may be a danger to himself or herself or to others may voluntarily come to a treatment facility with available capacity for withdrawal management. An alcohol or other drug impaired person may also be assisted to his or her home, a treatment facility with available capacity for withdrawal management, or other health facility either directly by the police or through an intermediary person. (b) A person who appears to be unconscious or in immediate need of emergency medical services while in a public place and who shows symptoms of alcohol or other drug impairment may be taken into protective custody by the police and forthwith brought to an emergency medical service. A person who shows symptoms of alcohol or other drug impairment in a public place may be taken into custody and forthwith brought to a facility with available capacity for withdrawal management. The police in detaining the person shall take him or her into protective custody only, which shall not constitute an arrest. No entry or other record shall be made to indicate that the person has been arrested or charged with a crime. The detaining officer may take reasonable steps to protect himself or herself from harm.

Legislative History

(Source: P.A. 100-759, eff. 1-1-19 .)