§ 12-11-110 - Drunken, insane, and disorderly persons. - Arkansas Statutes

12-11-110. Drunken, insane, and disorderly persons.

(a) It shall be the duty of all peace officers to arrest any insane or drunken person, whom they may find at large and not in the care of some discreet person, and take him or her before some magistrate of the county, city, or town in which the arrest is made.

(b) It shall also be the duty of all peace officers to arrest any disorderly person, whom they may find creating a disturbance by noise or other disorder, and take him or her before some magistrate of the county, town, or city in which the arrest is made.

(c) (1) If the arrests authorized in subsections (a) and (b) of this section are made during the night, the officer shall keep those arrested in confinement until the next morning.

(2) In the case of an insane or drunken person, the officer may deliver him or her into the custody of some discreet person who will undertake to restrain and take care of him or her.

(3) If the arrests are made in the local jurisdiction of a city court, the person arrested shall be taken before the judge of such court unless he or she is absent.

(d) (1) Upon a drunken person being brought before a magistrate, the magistrate shall have the power to order the person to be confined until he or she becomes sober.

(2) Upon a disorderly person being brought before a magistrate, the magistrate may require of him or her surety for his or her good behavior, and for keeping the peace for a period not exceeding one (1) year. On the failure of the disorderly person to give such security, the magistrate may commit him or her until he or she gives security, but in no event is the confinement to exceed thirty (30) days.