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.