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     Section  1.  That § 34-20A-55 be amended to read as follows:

     34-20A-55.   Any person , including a woman who is pregnant, who appears to be intoxicated or incapacitated by the effects of alcohol or drugs in a public place and is clearly dangerous to the health and safety of himself or herself or others may be taken into protective custody by law enforcement authorities, acting with probable cause, and, if taken into protective custody, shall be taken forthwith to an approved treatment facility offering detoxication services for emergency commitment. If emergency commitment is not appropriate, as determined by the administrator of the facility or an authorized designee, the person may be detained as a patient in protective custody until no longer intoxicated, or up to forty-eight hours after admission. If no approved treatment facility

is readily available he , the person shall be taken to an emergency medical service or a jail, but only until he the person is no longer intoxicated or incapacitated or only so long as may be necessary to prevent injury to himself or herself or others. "

Carolyn Jorgensen