§ 33-10-401. Short Title
This part shall be known and may be cited as the “Alcohol Abuse Prevention Act of 1990,” and shall establish programs and procedures to permit the detention and treatment of persons intoxicated or incapacitated by alcohol.
§ 33-10-402. Application of Part
This part shall be an alternative to part 2 of this chapter. This part shall apply to a county and shall take effect only upon adoption of a resolution by the county legislative body electing to establish programs and procedures for the detention and treatment of such persons in that county pursuant to this part […]
§ 33-10-403. Legislative Policy and Findings
It is the policy of this state that intoxicated persons should be afforded a continuum of treatment so they might lead normal lives as productive members of society. The general assembly finds that alcoholism and intoxication are matters of statewide concern. The general assembly recognizes the character and pervasiveness of alcohol abuse and alcoholism and […]
§ 33-10-404. Part Definitions
As used in this part, unless the context otherwise requires: “Approved private treatment facility” means a private agency meeting the standards prescribed by the department and licensed by the department of mental health and substance abuse services; “Approved public social services facility” means a not-for-profit social services agency meeting the standards prescribed by the local […]
§ 33-10-405. Counties — Powers
To carry out the purposes of this part, counties may: Make any contract necessary or incidental to the implementation of this part, including contracts with public and private not-for-profit agencies, organizations and individuals to provide funds for services rendered or furnished to alcoholics or intoxicated persons; Solicit and accept any gift or grant of money, […]
§ 33-10-406. Persons Charged With or Convicted of a Crime — Admission to Treatment
A person charged with or convicted of a crime may be admitted under § 33-6-201 to an appropriate treatment resource in accordance with the law relating to probation, parole or other disposition of persons charged with or convicted of criminal offenses.
§ 33-10-407. Persons Intoxicated or Incapacitated by Alcohol — County Provision of Treatment and Housing in Lieu of Arrest
Any county may, pursuant to this part, provide facilities and services for the treatment or housing, or both, of a person intoxicated or incapacitated, or both, by alcohol in lieu of arrest. In such county or counties, when any person is intoxicated or incapacitated by alcohol and is clearly dangerous to the health and safety […]
§ 33-10-408. Registration and Records of Treatment Facilities — Confidentiality — Exception
The registration and other records of treatment facilities shall remain confidential and are privileged. Notwithstanding subsection (a), the director may make available information from patients’ records for purposes of research into the causes and treatment of alcoholism. Information under this subsection (b) shall not be published in a way that discloses patients’ names or other […]
§ 33-10-409. Patients in Treatment or Social Services Facilities — Visitation and Communication — Patients’ Rights — Detention
Patients in any approved treatment or social services facility shall be granted opportunities for visitation and communication with their families and friends consistent with an effective treatment program. Patients shall be permitted to consult with counsel at any time. In determining whether to detain a person under this part, the facility administrator shall also give […]
§ 33-10-410. Public Intoxication or Drunkenness — Arrests and Court Proceedings
All arrests and court proceedings for public intoxication or drunkenness in this state shall be pursuant to § 39-17-310, to the exclusion of any common law or statutory offense now being enforced. No county, municipality or other political subdivision of this state shall adopt any local law, ordinance, resolution or regulation having the force of […]