Approved Ordinances for the Te-Moak Tribe of Western Shoshone
Last amended: 2003
TITLE XIII - CRIMINAL CODE
13-4-127 TE-MOAK PROTECTIVE CUSTODY ORDINANCE
Procedure for placing person in civil protective custody.
1. Except for placing person in civil protective custody in any public place under the influence of alcohol, in such a condition that be is unable to exercise care for his own health or safety or the health or safety of others, shall be placed under civil protective custody by a peace officer.
2. A peace officer may use upon such person that kind and degree of force which would be lawful if he were effecting an arrest of a misdemeanor with a warrant.
3. If a licensed facility for the treatment of alcohol abusers exists in the community where the person is found, he shall be delivered to such 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 for shelter or supervision for his own health and safety until he is no longer under the influence of alcohol. He may not be required against his will to remain in either a licensed facility or a jail longer than 36 hours.
4 . An intoxicated person taken into custody by a peace officer for a public offense shall immediately be taken to a secure detoxification unit or other appropriate medical facility if his condition appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, such person shall immediately be remanded to the custody of the apprehending peace officer and criminal proceedings shall proceed as prescribed by law.
5. The placement of such a person in civil protective custody shall be recorded at the facility or jail to which he is delivered and communicate at the earliest practical time to his family or next of kin if they can be located and to the division or to a local alcohol abuse authority designated by the division.
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 shall not apply to any driver apprehended or arrested for the offense of operating a vehicle under the influence of intoxicated liquor or controlled substances.
All other ordinances, resolutions or acts that have been previously enacted by the Te-Moak Council of the Te-Moak Tribe of Western Shoshone Indians of Nevada and its precursor, the Te-Moak Western Shoshone Council, which are in conflict with any provision of this Ordinance are hereby repealed.
I, the undersigned, as Chairperson of the Tribal Council of Te-Moak Tribe of Western Shoshone Indians of Nevada do hereby certify that the Te-Moak Western Shoshone Council is composed of 9 members of whom 5 constituting a quorum were present at a duly held meeting on the 19th day of August, 1986, and that the foregoing ordinance was duly adopted at such meeting by a affirmative vote for 4 FOR, 0 AGAINST, 0 ABSTENTIONS, pursuant to the authority contained under Article 4, Section 3 (n) of the Constitution of the Te-Moak Tribe of Western Shoshone Indians of Nevada, and that said ordinance has not been rescinded nor amended in any form.
Clarence Andreozzi, Vice-Chairperson
Te-Moak Western Shoshone Council
[ORDINANCE NO.] 86-OR-TM-04
TITLE XIII CRIMINAL CODE
BE IT ENACTED BY THE TRIBAL COUNCIL OF THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA, AS FOLLOWS:
That in accordance with Article 4, Section 3 (j) (n) of the Constitution of the Te-Moak Tribe, as amended on August 26, 1982, as organized under the Reorganization Act of June 18, 1934, (48 STAT.), as amended by the Act of June 15, 1935, (49 STAT. 378) that this Ordinance is to be known as the "Te-Moak Civil Protective Custody Ordinance" shall be effective upon passage.