Section 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; […]
Section 43-2-8.1 – Repealed.
ANNOTATIONS Repeals. — Laws 1989, ch. 378, § 6 repealed 43-2-8.1 NMSA 1978, as enacted by Laws 1989, ch. 378, § 3, relating to penalty for chronic intoxicated condition, effective July 1, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.
Section 43-2-9 – Repealed.
History: 1953 Comp., § 46-12-7, enacted by Laws 1977, ch. 374, § 6; 1979, ch. 264, § 3; 1983, ch. 177, § 5; 1989, ch. 47, § 5; repealed by Laws 2005, ch. 198, § 11. ANNOTATIONS Repeals. — Laws 2005, ch. 198, § 11 repealed 43-2-9 NMSA 1978, as enacted by Laws 1977, ch. […]
Section 43-2-10 – Repealed.
History: 1941 Comp., § 61-1208, enacted by Laws 1949, ch. 114, § 8; 1953 Comp., § 46-12-8; Laws 1976 (S.S.), ch. 9, § 7; 1977, ch. 253, § 53; 1983, ch. 177, § 6; 1989, ch. 47, § 6; repealed by Laws 2005, ch. 198, § 11. ANNOTATIONS Repeals. — Laws 2005, ch. 198, § […]
Section 43-2-11 – Voluntary clients.
A. The administration of a treatment facility may receive any intoxicated person, alcohol-impaired person or drug-impaired person who applies to be received as a client into the facility. If the voluntary client is: (1) intoxicated, the client shall be discharged pursuant to Subsection E of Section 43-2-8 NMSA 1978; or (2) not intoxicated, the client […]
Section 43-2-12 – Assistance upon request.
The substance abuse bureau of the division shall accept for examination, diagnosis, guidance or treatment at any facility or clinic under its control any person who requests such assistance under regulations as may be prescribed by the division. History: 1941 Comp., § 61-1210, enacted by Laws 1949, ch. 114, § 10; 1953 Comp., § 46-12-10; […]
Section 43-2-13 – Repealed.
ANNOTATIONS Repeals. — Laws 1989, ch. 47, § 10 repealed 43-2-13 NMSA 1978, as enacted by Laws 1949, ch. 114, § 11, relating to commitment proceedings for ill persons in custody of division, effective June 16, 1989.
Section 43-2-14 – Costs of commitment and support.
The provisions of law with respect to the costs of commitment and the costs of support, including methods of determination of the persons liable for the costs, and all provisions of law enabling the state to secure reimbursement for any such items of cost, applicable to the commitment and support of mentally ill persons in […]
Section 43-2-2 – Definitions.
As used in the Detoxification Reform Act: A. “alcohol-impaired person” means a person who uses alcoholic beverages to the extent that the person’s health and well-being are substantially impaired or endangered; B. “authorized person” means a physician, public service officer or police officer; C. “consistent with the least drastic means principle” means that the habilitation, […]
Section 43-2-3 – Policy of state regarding substance abuse.
It is the policy of this state that intoxicated and incapacitated persons may not be subjected to criminal prosecution, but rather should be afforded protection. It is further the policy of this state that alcohol-impaired persons and drug-impaired persons should be afforded treatment in order that they may lead normal lives as productive members of […]