HB 161

Abstract

Arrest, prosecution, and disciplinary or administrative procedures and penalties for individuals experiencing or reporting overdoses while incarcerated. Provides that no individual incarcerated in a local, regional, or state correctional facility shall be subject to arrest or prosecution for or disciplinary or administrative procedures or penalties related to the unlawful purchase, possession, or consumption of alcohol; possession of a controlled substance; possession of marijuana; procurement, sale, secretion, or possession of any chemical compound not lawfully received; intoxication in public; or possession of controlled paraphernalia if such individual seeks or obtains emergency medical attention for himself or another individual experiencing an overdose or is experiencing an overdose and another individual seeks or obtains emergency medical attention for him. The bill also provides that no correctional officer, deputy sheriff, or jail officer acting in good faith shall be found liable for false arrest if it is later determined that the person arrested was immune from prosecution or disciplinary procedures or penalties.

Arrest, prosecution, and disciplinary proceduresand penalties for individuals experiencing or reporting overdoseswhile incarcerated. Provides that no individual incarceratedin a local, regional, or state correctional facility shall be subjectto arrest or prosecution for or disciplinary procedures or penaltiesrelated to the unlawful purchase, possession, or consumption of alcohol;possession of a controlled substance; possession of marijuana; intoxicationin public; or possession of controlled paraphernalia if (i) suchindividual seeks or obtains emergency medical attention for himselfor another individual experiencing an overdose or is experiencingan overdose and another individual seeks or obtains emergency medicalattention for him and (ii) the evidence for a prosecution or disciplinaryprocedures and penalties of one of the enumerated offenses would have been obtained only as a result of an individual seeking or obtaining emergency medical attention. The bill also provides that no correctional officer, deputy sheriff, or jail officer acting in a good faith shallbe found liable for false arrest if it is later determined that theperson arrested was immune from prosecution or disciplinary proceduresor penalties.