An intoxicated person, or a person receiving treatment for withdrawal management, may be detained in an approved treatment facility for emergency treatment if the person:

1. (1) Has threatened, attempted, or inflicted physical harm on oneself or on another or is likely to inflict physical harm on another unless detained;
2. (2) Is incapacitated by the effects of alcohol or drugs; or
3. (3) Is pregnant and abusing alcohol or drugs. A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.

Source: SL 1974, ch 240 , § 11 (a); SL 1985, ch 277 , § 14; SL 1998, ch 204 , § 1; SL 2022, ch 108 , § 5; SL 2023, ch 117 , § 3.