[HISTORY: Adopted by the Township Committee of the Township of Mansfield 9-9-2015 by Ord. No. 2015-09. Amendments noted where applicable.]
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 chapter, 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. Mansfield 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 chapter shall be construed as requiring the use of State Police facilities by Mansfield for the purposes of this chapter.
All provisions of N.J.S.A. 39:4-50.22 are hereby incorporated into and are deemed to be a part of this chapter.