§ 43A-5-202 — Confinement of persons alleged or adjudged mentally

ill, alcohol-dependent or drug-dependent. When any person alleged in any court to be mentally ill, alcohol-dependent, or drug-dependent, or shall have been adjudged to be mentally ill, alcohol-dependent, or drug-dependent and shall be in the legal custody of the county sheriff as prescribed by law, if such person has not been charged with commission of a crime, the said county sheriff is hereby authorized to confine such person in a place other than the county jail to be selected by said county sheriff and to transport such person to the place selected; provided that such confinement shall be in a place and manner so as to prevent such confined person from in any way endangering himself or any other person. The county is hereby directed to expend such funds as may be necessary to provide for such confinement outside the county jail. Specific authority is hereby granted the county sheriff and the county commissioners to enter into a contract with a nursing home or facility as a place of detention. Other departments and agencies of the state may not interfere with nor deter, in any manner, this right to contract.

Legislative History

Added by Laws 1980, c. 324, § 5, emerg. eff. June 17, 1980. Amended by Laws 1986, c. 103, § 66, eff. Nov. 1, 1986. Renumbered from § 58.1 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.