Bill > H1521

This bill proposes to amend Chapter 94C of the General Laws by inserting a new section, 36A, which outlines procedures for police officers to assist and protect individuals incapacitated by drugs in public places. Under this new section, police officers can, with or without consent, help such individuals get to their residence, a substance abuse treatment facility, or a police station. To determine if someone is incapacitated by drugs, officers can request a standardized test approved by the Department of Public Health, the Bureau of Substance Abuse Services, and the State Police. If a person is taken to a police station, they have the right to be informed of their right to take this test, and if the test shows incapacitation, they will be placed in protective custody or transferred to treatment; if not incapacitated, they will be released. If the test is inconclusive, further tests of coordination or speech coherency will be administered. Individuals in protective custody have the right to make a phone call at their own expense, and parents or guardians of those under 18 will be notified. Police stations must notify substance abuse facilities if someone is in protective custody, and arrangements will be made for transportation to a facility if treatment is available. People cannot be held against their will at a police station unless treatment is unavailable, and then only until they are no longer incapacitated or for a maximum of twelve hours. Officers can use reasonable force and search for dangerous weapons if necessary, and any personal items taken for safekeeping will be inventoried. Importantly, being assisted or held in protective custody under this section will not be considered an arrest or create a criminal record, though an entry of custody will be made detailing the circumstances. This section does not apply to individuals suspected of committing a misdemeanor or felony.