Nevada Revised Statutes 458.270 – Procedure for placing person in civil protective custody
1. Except as otherwise provided in subsection 7, a person who is found in any public place under the influence of alcohol, in such a condition that the person is unable to exercise care for his or her health or safety or the health or safety of other persons, must be placed under civil protective custody by a peace officer.
Terms Used In Nevada Revised Statutes 458.270
- Arrest: Taking physical custody of a person by lawful authority.
- Civil protective custody: means a custodial placement of a person to protect the health or safety of the person. See Nevada Revised Statutes 458.010
- controlled substance: means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to Nevada Revised Statutes 0.031
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Division: means the Division of Public and Behavioral Health of the Department of Health and Human Services. See Nevada Revised Statutes 458.010
- Facility: means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of persons with alcohol or other substance use disorders. See Nevada Revised Statutes 458.010
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Statute: A law passed by a legislature.
2. A peace officer may use upon such a person the kind and degree of force which would be lawful if the peace officer were effecting an arrest for a misdemeanor with a warrant.
3. If a licensed facility for the treatment of persons with an alcohol use disorder that has been certified by the Division for civil protective custody exists in the community where the person is found, the person must be delivered to the facility for observation and care. If no such facility exists in the community, the person so found may be placed in a county or city jail or detention facility for shelter or supervision for his or her health and safety until he or she is no longer under the influence of alcohol. The person may not be required against his or her will to remain in a licensed facility, jail or detention facility longer than 48 hours.
4. An intoxicated person taken into custody by a peace officer for a public offense must immediately be taken to a secure detoxification unit or other appropriate medical facility if the condition of the person appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings proceed as prescribed by law.
5. The placement of a person found under the influence of alcohol in civil protective custody must be:
(a) Recorded at the facility, jail or detention facility to which the person is delivered; and
(b) Communicated at the earliest practical time to the person’s family or next of kin if they can be located.
6. Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.
7. The provisions of this section do not apply to a person who is apprehended or arrested for:
(a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;
(b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;
(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle, a power-driven vessel or a sailing vessel under way while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and
(d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.