A. A publicly intoxicated person may be brought by a peace officer or any other person to an approved local alcoholism reception center for emergency evaluation and treatment if the intoxicated person:

1. 1. Has threatened, attempted or inflicted physical harm on self or others, and is likely to inflict physical harm on self or others unless admitted.
2. 2. Is incapacitated by alcohol.

C. A peace officer who has reasonable cause to believe that a person is intoxicated in a public place or a place open to the public, that the person is or may be a danger to self or others and that there is no responsible person immediately available to assist the intoxicated person may transport the person to a detention facility if both of the following apply:

1. 1. A local alcoholism reception center or other approved facility is not available within ten miles or the peace officer has determined that the local alcoholism reception center or other approved facility is filled to capacity and has no further capacity at the present time to provide evaluation and treatment services to additional persons.
2. 2. The peace officer has been informed by the governing body of the city or town or the board of supervisors of the county in which the peace officer is employed that the department has determined that the city, town or county has made a reasonable effort to provide adequate local alcoholism reception services for persons incapacitated by alcohol and, based on that determination, has issued a renewable three-month temporary waiver to allow the transportation of certain intoxicated persons in the city, town or county to detention facilities pursuant to this section. The determination may be made by the director of the department on application by the governing body of the city or town or the board of supervisors of a county.