Nev. Rev. Stat. » NRS: CHAPTER 458 - ALCOHOL AND OTHER SUBSTANCE USE DISORDERS
Nevada Revised Statutes

Nev. Rev. Stat. § 458.270 (2026)

Procedure for placing person in civil protective custody

✓ current as of July 2026
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NRS 458.270  Procedure for placing person in civil protective custody.

      1.  Except as otherwise provided in subsection 7, a person who is found in any public place under the influence of alcohol, 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, must be placed under civil protective custody by a peace officer.

      2.  A peace officer may use upon such a person the kind and degree of force which would be lawful if the peace officer were effecting an arrest for a misdemeanor with a warrant.

      3.  If a licensed facility for the treatment of persons with an alcohol use disorder that has been certified by the Division for civil protective custody exists in the community where the person is found, the person must be delivered to the facility for observation and care. If no such facility exists in the community, the person so found may be placed in a county or city jail or detention facility for shelter or supervision for his or her health and safety until he or she is no longer under the influence of alcohol. The person may not be required against his or her will to remain in a licensed facility, jail or detention facility longer than 48 hours.

      4.  An intoxicated person taken into custody by a peace officer for a public offense must immediately be taken to a secure detoxification unit or other appropriate medical facility if the condition of the person 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.

      5.  The placement of a person found under the influence of alcohol in civil protective custody must be:

      (a) Recorded at the facility, jail or detention facility to which the person is delivered; and

      (b) Communicated at the earliest practical time to the person’s family or next of kin if they can be located.

      6.  Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.

      7.  The provisions of this section do not apply to a person who is apprehended or arrested for:

      (a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;

      (b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;

      (c) A homicide resulting from driving, operating or being in actual physical control of a vehicle, a power-driven vessel or a sailing vessel under way while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and

      (d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.

      (Added to NRS by 1973, 1060; A 1975, 1145; 1989, 1181; 1997, 333; 1999, 3407; 2001, 425; 2005, 170; 2015, 748; 2023, 559)

     

Notes of Decisions
Cited in 4 cases, 1989–2012 · leading case: Diaz v. Eighth Jud. Dist. Court of Nevada, 993 P.2d 50 (Nev. 2000).
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Diaz v. Eighth Jud. Dist. Court of Nevada, 993 P.2d 50 (Nev. 2000). · cites it 8× “The crux of petitioners' lawsuit against the highway patrol is the failure of Trooper Kennedy to take Estrada into protective custody under NRS 458.270. [3] Following the accident, real party in interest Glenn Puit, a Las Vegas Review Journal news reporter, interviewed Trooper…”
State v. Javier C., 289 P.3d 1194 (Nev. 2012). “The battery in Robinson occurred in the Washoe County jail, where Robinson was confined after being taken into civil protective custody pursuant to NRS 458.270 for public drunkenness. Id. at 98 , 17 P.”
Robinson v. State, 17 P.3d 420 (Nev. 2001). · cites it 6× “Prior to committing the batteries, Robinson had lawfully been placed in the cell, pursuant to NRS 458.270, following a display of public drunkenness.”
Almond v. State, 785 P.2d 217 (Nev. 1989). · cites it 2× “After the interview, Deputy Calhoun placed Almond in civil protective custody pursuant to NRS 458.270. Calhoun testified that this action was taken to prevent Almond from leaving, since Almond was obviously intoxicated and Calhoun did not feel Almond could care for his own…”
— Nev. Rev. Stat. § 458.270(1) — 2 cases
Diaz v. Eighth Jud. Dist. Court of Nevada, 993 P.2d 50 (Nev. 2000). “The crux of petitioners' lawsuit against the highway patrol is the failure of Trooper Kennedy to take Estrada into protective custody under NRS 458.270. [3] Following the accident, real party in interest Glenn Puit, a Las Vegas Review Journal news reporter, interviewed Trooper…”
Robinson v. State, 17 P.3d 420 (Nev. 2001). “Prior to committing the batteries, Robinson had lawfully been placed in the cell, pursuant to NRS 458.270, following a display of public drunkenness.”
— Nev. Rev. Stat. § 458.270(3) — 1 case
Robinson v. State, 17 P.3d 420 (Nev. 2001). “Prior to committing the batteries, Robinson had lawfully been placed in the cell, pursuant to NRS 458.270, following a display of public drunkenness.”
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