§43A-5-202.

§43A-5-202.
   
   When any person alleged in any court to be mentally ill,
   alcohol-dependent, or drug-dependent, or shall have been adjudged to
   be mentally ill, alcohol-dependent, or drug-dependent and shall be in
   the legal custody of the county sheriff as prescribed by law, if such
   person has not been charged with commission of a crime, the said
   county sheriff is hereby authorized to confine such person in a place
   other than the county jail to be selected by said county sheriff and
   to transport such person to the place selected; provided that such
   confinement shall be in a place and manner so as to prevent such
   confined person from in any way endangering himself or any other
   person. The county is hereby directed to expend such funds as may be
   necessary to provide for such confinement outside the county jail.
   Specific authority is hereby granted the county sheriff and the county
   commissioners to enter into a contract with a nursing home or facility
   as a place of detention. Other departments and agencies of the state
   may not interfere with nor deter, in any manner, this right to
   contract.