A police officer or peace officer making an arrest for public intoxication may do the following:

1. (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. (2) If an individual is manageable and not causing damage to the individual or others, issue a citation and do either of the following:

   1. (A) If within reasonable proximity, take the individual to any of the following:

      1. (i) The individual's home.
      2. (ii) The home of a relative of the individual.
      3. (iii) A responsible person who is competent and willing to provide care, assistance, and treatment.

   2. (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.

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

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