Any person who is arrested for a violation of
the provisions of N.J.S.A. 39:4-50 shall be held in protective custody
at an appropriate police or other facility where the person's condition
may be monitored until the person is no longer a danger to himself/herself
or others. The person shall be released from protective custody when
that person is no longer a danger to himself/herself or others. A
person is no longer a danger to himself/herself or others when the
person's blood alcohol concentration is less than 0.05% and the person
is no longer under the influence of any intoxicating liquor or narcotic
or hallucinogenic or habit-forming drug to the extent that the person's
facilities are impaired. In no event shall the person be held in protective
custody for a period of longer than eight hours without providing
an appropriate hearing.
Notwithstanding the provisions of this article,
provided that it is not a detriment to the public safety, the arresting
law enforcement agency may, because of age, health or safety of the
arrested person, release the person pursuant to the provisions of
N.J.S.A. 39:4-50.22, et seq. or provide an appropriate alternative
to protective custody. Maplewood and its law enforcement agency shall
not be subject to liability if a person is released from custody pursuant
to this provision.
Nothing in this article shall be construed as
requiring the use of state police facilities by Maplewood for the
purposes of this article.
All provisions of N.J.S.A. 39:4-50.22 are hereby
incorporated into and are deemed to be a part of this article.