Nevada Revised Statutes 458.175 – Powers and duties of peace officers
1. If a peace officer arrests or takes into custody a person who is found in any public place unlawfully under the influence of a controlled substance and in such a condition that the person is unable to exercise care for his or her health or safety or the health or safety of other persons, the peace officer may deliver the person to a licensed facility for the treatment of persons with substance use disorders or other appropriate facility for observation and care.
Terms Used In Nevada Revised Statutes 458.175
- controlled substance: means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to NRS 453. See Nevada Revised Statutes 0.031
- Facility: means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of persons with alcohol or other substance use disorders. See Nevada Revised Statutes 458.010
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
2. A person who is unlawfully under the influence of a controlled substance who is arrested or taken into custody by a peace officer must immediately be taken to a secure detoxification unit or other appropriate medical facility if the person’s condition appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings proceed as prescribed by law.
3. Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.
4. As used in this section, ‘secure detoxification unit’ includes, without limitation, a detoxification unit in which the staff of the detoxification unit ensures the security of the detoxification unit.