Ind. Code § 12-23-15-1

Current through P.L. 171-2024
Section 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.

IC 12-23-15-1

Pre-1992 Revision Citation: 16-13-6.1-32(a), (b).

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