[HISTORY: Adopted by the Mayor and Council of the Township
of Clinton 9-10-2014 by Ord. No. 1058-14. Amendments noted where applicable.]
Pursuant to N.J.S.A. 39:4-50.22, commonly known as "John's
Law," a law enforcement agency that has arrested a person for a violation
of N.J.S.A. 39:4-50, Driving while intoxicated, may impound an arrestee's
vehicle and release the arrestee into the care of an individual summoned
to transport or accompany the arrestee from the premises of the law
enforcement agency in order to ensure that the arrestee does not again
operate a motor vehicle while under the influence. When an arrestee
is unable to summon an individual to transport or accompany the arrestee
from the premises of the law enforcement agency, the arrestee may
present a danger to himself or others if provisions are not made to
hold the arrestee in protective custody. Pursuant to N.J.S.A. 40:48-1(34)
and 40:48-1.3, a municipality is authorized to enact an ordinance
providing that a person who has been arrested for driving while intoxicated
in violation of N.J.S.A. 39:4-50 may be held in protective custody
at an appropriate police or other facility for up to eight hours.
The Hunterdon County Jail is an appropriate facility in which to maintain
an arrestee until the arrestee is no longer a danger to himself or
others. The Mayor and Council find and declare that the implementation
of this chapter furthers the protection of the public health, safety
and welfare.
Any person 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, including but not limited to the Hunterdon County
Jail, where the person's condition may be monitored until the
person is no longer a danger to himself or others, at which time the
person shall be released from protective custody. A person is no longer
considered a danger to himself 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 a person be held in protective custody
for a period of longer than eight hours without being provided an
appropriate hearing.
Notwithstanding the provisions of this chapter, provided that
it is not a detriment to public safety, the Police Department may,
because of the age, health, or safety of the arrestee, release the
arrestee pursuant to the provisions of N.J.S.A. 39:4-50.22, or provide
an alternative to protective custody. The Township shall not be subject
to liability if a person is released from protective custody pursuant
to the provisions of this chapter.
Nothing in this chapter shall be construed as requiring the
use of New Jersey State Police facilities by the Township for the
purposes of this chapter.
The provisions of N.J.S.A. 39:4-50.22, as may be amended from
time to time, are hereby incorporated into, and are deemed to be a
part hereof.
