ARREST WITHOUT WARRANT: Part 2 – Public Intoxication and Disability Related

ARREST WITHOUT WARRANT

It is really important to know and understand when a person can be arrested without warrant in Texas. A couple of articles will be dedicated to this topic. Let us take a look at public intoxication and arresting persons with intellectual or developmental disabilities, in Texas.

PUBLIC INTOXICATION

In lieu of arresting an individual who is not a child, and who commits an offense, a peace officer may release the individual if the officer believes detention in a penal facility is unnecessary for the protection of the individual or others; and the individual is released to the care of an adult who agrees to assume responsibility for the individual. Also, if the person verbally consents to voluntary treatment for substance use in a program in a treatment facility licensed and approved by the Health and Human Services Commission, and the program admits the individual for treatment.

The release of an individual to a substance use treatment program or a facility that provides a place for individuals to become sober under supervision may not be considered by a peace officer or magistrate in determining whether the individual should be released to such a program or facility for a subsequent incident or arrest.

A peace officer and the agency or political subdivision that employs the peace officer may not be held liable for damage to persons or property that results from the actions of an individual released.

AUTHORITY TO RELEASE IN LIEU OF ARREST CERTAIN PERSONS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITY.  

This applies only to a person with an intellectual or developmental disability who resides at one of the following types of facilities operated under the home and community-based services waiver program:

– a group home; or

– an intermediate care facility for persons with an intellectual or developmental disability (ICF/IID)

A peace officer may release the person at the person’s residence if the officer: believes confinement of the person in a correctional facility, is unnecessary to protect the person and the other persons who reside at the residence; and made reasonable efforts to consult with the staff at the person’s residence and with the person regarding that decision.

A peace officer and the agency or political subdivision that employs the peace officer may not be held liable for damage to persons or property that results from the actions of a person released.

As always, the best option is to contact Atlas Bail and go over available info and all the details. With our experience, knowledge and great customer service, we can have your loved ones back to you as soon as the law will allow us. From the moment you show up in our office we understand your need for guidance and help. The fact that a person is in jail is only the beginning of the process. Selecting AAA Atlas Bail is an important first step. With years of experience in our office, we most definitely will have the right answer for you.

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