5-18-1. PROTECTIVE CUSTODY.

Any person who appears to be intoxicated by alcohol in a public place and to be in need of help, may be assisted to his home or may be taken into protective custody by law enforcement officers and taken forthwith to the hospital or to a jail for the purposes of detoxification. No person placed in protective custody under this section shall be held for a period exceeding twenty-four (24) years.

In taking a person into protective custody under this section, the detaining officer may take reasonable steps to protect himself.

A taking into protective custody under this section is not an arrest. No warrants, complaints or summons shall issue pursuant to this section. Law enforcement officers are, however, specifically authorized to maintain records of the identity of persons placed in protective custody and dates thereof under this section for use in alcohol commitment proceedings and any other judicial proceeding where the person’s use or abuse of alcohol may be in question.