Sec. 17a-683. (Formerly Sec. 19a-126c). Police assistance for intoxicated persons. Protective custody of person incapacitated by alcohol. Medical examination. Detention and release. Notification to fa
Sec. 17a-683. (Formerly Sec. 19a-126c). Police assistance for intoxicated persons. Protective custody of person incapacitated by alcohol. Medical examination.
Detention and release. Notification to family. Assistance for nonadmitted person.
(a) Any police officer finding a person who appears to be intoxicated in a public place
and in need of help may, with such person's consent, assist such person to his home, a
treatment facility, or a hospital or other facility able to accept such person.
(b) Any police officer finding a person who appears to be incapacitated by alcohol
shall take him into protective custody and have him brought forthwith to a treatment
facility which provides medical triage in accordance with regulations adopted pursuant
to section 19a-495 or to a hospital. The police, in detaining the person and in having
him brought forthwith to such a treatment facility or a hospital, shall be taking him into
protective custody and shall make every reasonable effort to protect his health and safety.
In taking the person into protective custody, the detaining officer may take reasonable
steps to protect himself. A taking into protective custody under this section is not an
arrest. No entry or other record shall be made to indicate that the person has been arrested
or charged with a crime. For purposes of this section "medical triage" means a service
which provides immediate assessment of symptoms of substance abuse, the immediate
care and treatment of these symptoms as necessary, a determination of need for treatment, and assistance in attaining appropriate continued treatment.
(c) A person who is brought to a treatment facility which provides medical triage
in accordance with regulations adopted pursuant to section 19a-495 or to a hospital shall
be examined by a medical officer or his designee as soon as possible. The medical officer
shall determine whether the person requires inpatient treatment based upon the medical
examination of the person and upon a finding that the person is incapacitated by alcohol.
(d) If the medical officer determines that the person requires inpatient treatment,
the person shall be (1) admitted to, referred to or detained at a treatment facility that
provides medical treatment for detoxification or a hospital or (2) committed to a treatment facility operated by the Department of Public Health and Addiction Services for
emergency treatment pursuant to the provisions of section 17a-684. A person treated
under subdivision (1) of this subsection shall be admitted as a voluntary patient, or, if
necessary, detained for necessary treatment. If such person is referred to another treatment facility or another hospital, the referring facility or hospital shall arrange for his
transportation.
(e) Any person admitted or detained as a patient under subdivision (1) of subsection
(d) of this section shall be released once he is no longer incapacitated by alcohol or
within forty-eight hours, whichever is shorter, unless he consents to further medical
evaluation or treatment.
(f) If a patient is admitted to a treatment facility or hospital, his family or next of
kin shall, unless prohibited by federal law, be notified as promptly as possible. If a
patient who is not incapacitated by alcohol requests that there be no notification, his
request shall be respected.
(g) A person who is not admitted to a treatment facility or a hospital, is not referred
to another treatment facility or hospital and has no funds may be taken to his home, if
any. If he has no home, the facility shall assist him in obtaining shelter.
(P.A. 74-280, S. 12, 23, 25; P.A. 75-479, S. 10, 25; 75-569, S. 7; P.A. 76-300, S. 1, 4; P.A. 86-371, S. 5, 45; P.A. 90-209, S. 5; P.A. 93-381, S. 9, 39; 93-435, S. 59, 95; June 18 Sp. Sess. P.A. 97-8, S. 18, 88; June 18 Sp. Sess. P.A. 97-10,
S. 1, 7.)
History: P.A. 75-479 replaced reference to Sec. 53a-184 with reference to Sec. 53a-184a in Subsec. (j) and required
appropriations and finance committee reports on or before February 15, 1976; P.A. 75-569 made provisions specifically
applicable to those incapacitated by alcohol, included references to licensed treatment facilities, replaced detailed listing
of diagnostic procedures in Subsec. (b) with statement allowing use of diagnostic or therapeutic procedures, deleted former
Subsecs. (f) re waiver of presentment and consent to voluntary treatment and (i) re procedure when apparently intoxicated
person charged with violation or offense, redesignating remaining Subsecs. accordingly; P.A. 76-300 changed applicable
dates in Subsec. (h) and deleted provisions re report to general assembly; P.A. 86-371 deleted obsolete Subsec. (h); P.A.
90-209 substantially rewrote the provisions of the section, revised the Subsec. indicators, added new Subsec. (a) which
reworded Subsec. (b) of repealed Sec. 17-155u, added provisions re medical triage, required rather than allowed a medical
officer to take certain actions when a person requires inpatient treatment and in new Subsec. (f) provided that there not be
notification if prohibited by federal law; Sec. 17-155v transferred to Sec. 17a-625 in 1991; P.A. 93-381 and 93-435 replaced
Connecticut alcohol and drug abuse commission with department of public health and addiction services, effective July
1, 1993; Sec. 17a-625 transferred to Sec. 19a-126c in 1995; Sec. 19a-126c transferred to Sec. 17a-683 in 1997; June 18
Sp. Sess. P.A. 97-8 added Subsec. (h) re payment at any facility, effective July 1, 1997; June 18 Sp. Sess. P.A. 97-10
repealed provision added by June 18 Sp. Sess. P.A. 97-8, effective July 1, 1997.