[HISTORY: Adopted by the Township Committee of the Township of Franklin 4-26-2012 by Ord. No. 2012-02. Amendments noted where applicable.]
§ 250-1 Procedure for protective custody when arrested for driving under influence of alcohol or drugs.
When an individual is arrested within this jurisdiction for operating a motor vehicle while under the influence of alcohol or drugs pursuant to N.J.S.A. 39:4-50, and where the arrestee is unable to summon an individual to transport or accompany the arrestee from the premises of a law enforcement agency pursuant to N.J.S.A. 39:4-50.22, the arresting officer or other designated police officer shall:
Make arrangements for the arrestee to be held in protective custody at an appropriate police or other appropriate facility as defined further herein until such time that the arrestee is no longer a danger to himself or others as defined in Subsection B of this section.
The officer or other individual holding the arrestee shall release the arrestee from protective custody when he is no longer a danger to himself or others, which is defined as when the arrestee's blood alcohol level is less than 0.05% and that 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.
The period of protective custody shall not exceed eight hours without providing the arrestee an appropriate hearing before the Municipal Court to determine if a protective custody period longer than eight hours is required in order to prevent the arrestee from being a danger to himself or others as defined in Subsection B of this section.
For the purposes of this chapter, an appropriate facility shall include a police station, the Hunterdon County Jail or, if the arresting officer deems appropriate, a school or hospital that has supervisory measures in place to ensure that the arrestee will not be released until such time that the arrestee is no longer a danger to himself or others as defined in Subsection B of this section.