General Assembly Raised Bill No. 5547
February Session, 2012 LCO No. 2522
*02522_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
General Assembly
Raised Bill No. 5547
February Session, 2012
LCO No. 2522
*02522_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
AN ACT CONCERNING RELEASE FROM ARREST WITHOUT FURTHER CRIMINAL COMPLAINT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 54-1f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) For the purposes of this section, the respective precinct or jurisdiction of a state marshal or judicial marshal shall be wherever such marshal is required to perform duties. Peace officers, as defined in subdivision (9) of section 53a-3, in their respective precincts, shall arrest, without previous complaint and warrant, any person for any offense in their jurisdiction, when the person is taken or apprehended in the act or on the speedy information of others, [provided] except that no constable elected pursuant to the provisions of section 9-200 shall be considered a peace officer for the purposes of this subsection, unless the town in which such constable holds office provides, by ordinance, that constables shall be considered peace officers for the purposes of this subsection.
(b) Members of the Division of State Police within the Department of Emergency Services and Public Protection or of any local police department or any chief inspector or inspector in the Division of Criminal Justice shall arrest, without previous complaint and warrant, any person who the officer has reasonable grounds to believe has committed or is committing a felony.
(c) Members of any local police department or the Office of State Capitol Police and constables and state marshals who are certified under the provisions of sections 7-294a to 7-294e, inclusive, and who perform criminal law enforcement duties, when in immediate pursuit of [one] a person who may be arrested under the provisions of this section, are authorized to pursue the offender outside of their respective precincts into any part of the state in order to effect the arrest. Such person may then be returned in the custody of such officer to the precinct in which the offense was committed.
(d) [Any] Except as provided in subsection (e) of this section, any person arrested pursuant to this section shall be presented with reasonable promptness before proper authority.
(e) An officer may release from custody, instead of presenting before proper authority, any person arrested pursuant to this section if such officer determines there are insufficient grounds for making a criminal complaint against the person arrested. A person who is released by an officer under this subsection shall not be deemed to have been arrested, and no entry or other record shall be made to indicate that the person has been arrested or charged with a crime.
Sec. 2. Section 17a-683 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(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. Assistance by a police officer under this subsection 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.
(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 officer, 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] police 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 Mental 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.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2012 54-1f
Sec. 2 October 1, 2012 17a-683
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2012
54-1f
Sec. 2
October 1, 2012
17a-683
Statement of Purpose:
To: (1) Provide that a peace officer who arrests a person without prior complaint or warrant and thereafter determines that there are insufficient grounds for a criminal complaint may release such person, and such person not deemed to be arrested, and (2) make a conforming change for intoxicated persons assisted by police officers.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]