Any person who is arrested for a violation 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 or others. That person shall be released
from protective custody when that person is no longer a danger to
himself or others. A person is no longer 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 the Township's
Police Department or the Hunterdon County Detention Center hold a
person in protective custody for a period of longer than eight hours
without providing an appropriate hearing.
Notwithstanding the provisions of this article, provided that
it is not a detriment to the public safety, the arresting law enforcement
agency may, because of the age, health or safety of the arrested person,
release the person pursuant to the provisions of P.L. 2001, c. 69,
N.J.S.A. 39:4-50.22 et seq., or provide an appropriate alternative
to protective custody. Neither the Township's Police Department nor
the Hunterdon County Detention Center shall be subject to liability
if a person is released from custody pursuant to the provisions of
this article under N.J.S.A. 40:48-1.3.
Nothing in this article shall be construed as requiring the
use of State Police facilities by the Township of Raritan for purposes
of this article under N.J.S.A. 40:48-1.3.
All the provisions of N.J.S.A. 40:48-1.3 referenced above are
hereby incorporated into and are deemed to be a part hereof.
For purposes of this article, the appropriate police or other
facility is the Hunterdon County Detention Center.