Section 43-2-8 - Protective custody. - New Mexico Statutes

43-2-8. Protective custody.

A.     An intoxicated or incapacitated person may be committed to a treatment facility at the request of an authorized person for protective custody, if the authorized person has probable cause to believe that the person to be committed:

(1)     is disorderly in a public place;

(2)     is unable to care for the person's own safety;

(3)     has threatened, attempted or inflicted physical harm on himself or another;

(4)     has threatened, attempted or inflicted damage to the property of another;

(5)     is likely to inflict serious physical harm on himself;

(6)     is likely to inflict serious physical harm on another; or

(7)     is incapacitated by alcohol or drugs.

A refusal to undergo treatment does not constitute conclusive evidence of lack of judgment as to the need for treatment.

B.     An authorized person shall make a written application for commitment under this section, directed to the administration of the treatment facility.  The application shall state facts in support of the need for protective custody.

C.     Upon approval of the form of the application by the administration in charge of the treatment facility, the person shall be retained at the facility to which the person was admitted or transferred to another appropriate treatment facility until discharged under Subsection E of this section.

D.     The administration in charge of a treatment facility may refuse an application if the treatment facility is at its relevant capacity or if the person to be committed is deemed too ill, injured, disruptive or dangerous to himself or another to be managed at the treatment facility.

E.     An intoxicated person transported to a treatment facility pursuant to this subsection shall not be detained at the facility:

(1)     once the person's blood or breath alcohol concentration level is zero, if alcohol-impaired, and there is no probable cause to believe the person remains at risk of physical harm to himself or another; or

(2)     for more than seventy-two hours after admission, absent pendency of a petition filed pursuant to Section 43-2-9 NMSA 1978.

F.     An intoxicated person held in protective custody pursuant to the Detoxification Reform Act shall not be considered to have been arrested or charged with any crime.

G.     A record of protective custody shall not be considered as an arrest or criminal record.

H.     A copy of the written application for commitment and a written explanation of the person's right to contact counsel shall be given by the administration to the person as soon as practicable after commitment.  The administration of the treatment facility shall arrange translation of the application and explanation of rights for those who are unable to read the same.  The administration shall also provide a reasonable opportunity for the person to contact counsel.