Indiana Code Title 12. Human Services § 12-23-15-1




Sec. 1 . 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.





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