§ 12-23-15-1 — Arrest for public intoxication; options available

A police officer or peace officer making an
arrest for public intoxication may do the following:
(1) If an individual is unmanageable or is causing damage to the
individual or others, take the individual into custody for criminal
processing in the city lock-up or county jail.
(2) If an individual is manageable and not causing damage to the
individual or others, issue a citation and do either of the
following:
(A) If within reasonable proximity, take the individual to any of
the following:
(i) The individual's home.
(ii) The home of a relative of the individual.
(iii) A responsible person who is competent and willing to
provide care, assistance, and treatment.
(B) Take the individual to an approved public or private
treatment facility or to the city lock-up or county jail if no
facility is available.
[Pre-1992 Revision Citation: 16-13-6.1-32(a), (b).]

Legislative History

As added by P.L.2-1992, SEC.17.