SB 1745

Abstract

Amends the Alcoholism and Other Drug Abuse and Dependency Act. Redefines "detoxification" as the process of allowing an individual to safely withdraw or sober from a drug or alcohol in a controlled environment, including a treatment or law enforcement facility (rather than the process of allowing an individual to safely withdraw from a drug in a controlled environment). Provides that a person who appears to be an intoxicated person and who may be a danger to himself, herself, or others shall be taken into protective custody by police for detoxification at the police station. Provides that the police, in detaining the intoxicated person, shall take him or her into protective custody only, which does not constitute an arrest; and that no entry or other record shall be made to indicate that the person has been arrested or charged with a crime. Provides that a police officer may request that a person provide a sample of his or her breath for a preliminary breath screening test using an approved portable device. Provides that the results of the preliminary breath screening test may be used by the police officer only for assisting with the determination of whether the person is an intoxicated person and shall not be used as evidence in a court proceeding. Defines "protective custody". Exempts a police officer from civil or criminal liability for acting in good faith and without negligence in connection with certain actions, including the detention or discharge or the taking into protective custody of an individual under the Act.