Bill > H4490

This bill amends Chapter 111B of the General Laws to establish a new section, 8A, concerning protective custody for individuals who are incapacitated for reasons other than alcohol consumption. Under this new provision, a police officer can assist an incapacitated person, with or without their consent, to their residence or a treatment facility. To determine incapacitation, officers may request reasonable tests of coordination, speech, and breath, and only if these tests indicate incapacitation will the person be placed in protective custody and transported. If the person is under 18, the officer must notify their parent or guardian. Importantly, individuals in protective custody under this section cannot be held at a police station or against their will, except temporarily while arrangements are made for their transport. Officers are authorized to use reasonable force and conduct limited searches for dangerous items if necessary for safety, with any seized items to be returned later. The bill clarifies that this process does not constitute an arrest or criminal charge, and any custody entry will not be treated as a criminal record. This act is declared an emergency law and takes effect on July 1, 2016.