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. 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 persons 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.
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