It is the policy of this state that intoxicated and incapacitated persons may not be subjected to criminal prosecution, but rather should be afforded protection. It is further the policy of this state that alcohol-impaired persons and drug-impaired persons should be afforded treatment in order that they may lead normal lives as productive members of society.

History: 1978 Comp., § 43-2-3, enacted by Laws 1989, ch. 378, § 4; 2005, ch. 198, § 3.

Repeals and reenactments. — Laws 1989, ch. 378, § 4 repealed 43-2-3 NMSA 1978, as amended by Laws 1989, ch. 378, § 1 and enacted a new section, effective July 1, 1991.

The 2005 amendment, effective July 1, 2005, provided that the policy of the state is that incapacitated persons may not be subjected to criminal prosecution, that intoxicated and incapacitated persons should be afforded protection and that alcohol-impaired persons and drug-impaired persons should be afforded treatment.

Prosecution for disorderly conduct while intoxicated. — The Detoxification Reform Act does not preclude criminal prosecution for disorderly conduct when the accused's conduct otherwise satisfies the statutory elements of the charge, regardless of whether the offender is intoxicated. State v. Correa, 2009-NMSC-051, 147 N.M. 291, 222 P.3d 1.

Prosecution for battery upon a health care worker. — Where defendant was in protective custody due to intoxication and while defendant was still intoxicated, defendant committed a battery upon a health care worker, the Detoxification Reform Act did not preclude criminal prosecution of defendant for battery upon a health care worker under 30-3-9.2 NMSA 1978. State v. Tsosie, 2011-NMCA-115, 150 N.M. 754, 266 P.3d 34, cert. denied, 2011-NMCERT-010.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Prosecution of chronic alcoholic for drunkenness offenses, 40 A.L.R.3d 321.