Idaho State Statutes - Idaho Attorney Directory

(a) An intoxicated or drug addicted person
may come voluntarily to an approved public treatment facility for emergency
treatment. A person who appears to be intoxicated in a public place and to be
in need of help, if he consents to the proffered help, may be assisted to his
home, an approved public treatment facility, an approved private treatment
facility, or other health facility by a law enforcement officer.
(b) A person who appears to be incapacitated by alcohol or drugs shall be
taken into protective custody by a law enforcement officer and forthwith
brought to an approved treatment facility for emergency treatment. If no
approved treatment facility is readily available he may be taken to a city or
county jail where he may be held until he can be transported to an approved
treatment facility, but in no event shall such confinement extend more than
twenty-four (24) hours. A law enforcement officer, in detaining the person and
in taking him to an approved treatment facility, is taking him into protective
custody and shall make every reasonable effort to protect his health and
safety. In taking the person into protective custody, the detaining officer
may take reasonable steps to protect himself. A taking into protective custody
under this section is not an arrest. No entry or other record shall be made to
indicate that the person has been arrested or charged with a crime.
(c) A person who comes voluntarily or is brought to an approved treatment
facility shall be examined as soon as possible. He may then be admitted as a
patient or referred to another health facility. The referring approved
treatment facility shall arrange for his transportation.
(d) A person who by examination is found to be incapacitated by alcohol
or drugs at the time of his admission or to have become incapacitated at any
time after his admission, may not be detained at the facility (1) once he is
no longer incapacitated by alcohol or drugs or (2) if he remains incapacitated
by alcohol or drugs for more than seventy-two (72) hours after admission as a
patient. A person may consent to remain in the facility as long as the person
in charge believes appropriate.
(e) If a patient is admitted to an approved treatment facility, his
family or next of kin shall be notified as promptly as possible. If an adult
patient who is not incapacitated requests that there be no notification, his
request shall be respected.
(f) Law enforcement officers, personnel of the department, and personnel
of an alcohol or drug treatment facility who act in compliance with this
section are acting in the course of their official duty and are not criminally
or civilly liable therefor.
(g) If the person in charge of the approved treatment facility determines
it is for the patient's benefit, the patient shall be encouraged to agree to
further diagnosis and appropriate voluntary treatment.
(h) That any person taken to a seventy-two (72) hour evaluation and
treatment facility shall be informed immediately that he has the right to
request and take a chemical test in order to ascertain whether he is an
intoxicated or addicted person. If the person requests to take the test and
the professional person in charge of the facility then determines that the
person taken to the facility is not intoxicated or addicted, he shall
immediately release him. A record shall be maintained by the facility of the
results of the test.

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