New Jersey § 26:2b-17

§ 26:2b-17.

Any person who is arrested for a violation of a municipal ordinance, or for a disorderly

persons offense, and who is not also arrested for a misdemeanor, and who the arresting

police officer has reasonable cause to believe is intoxicated, may be taken by a police

officer directly to an intoxication treatment center or other appropriate facility. To determine whether or not such person is intoxicated, the police officer may request

the person to submit to any reasonable test, including, but not limited to, tests

of his coordination, coherency of speech, and breath. The administrator of any intoxication treatment center, or of any other facility,

shall cause any such person to be examined by a physician or by a medically competent

individual designated by the department and under the supervision of a physician. If the physician or any other medically competent individual designated by the department

determines upon examination that such person is intoxicated, and the administrator

determines that adequate and appropriate treatment is available, the person shall

be admitted. Any such person may be detained at the center or other facility until the person is no longer intoxicated, but in any event, not longer than 48 hours from the date

of admission. At such time as the person is to be discharged from the facility, the person shall be informed by the administrator that if the person is a person with an alcohol use disorder who would benefit by treatment the person may, in the discretion of the court, be afforded treatment in lieu of prosecution,

and that if the person so chooses the person may be examined at the facility for the purpose of determining whether the person is a person with an alcohol use disorder who would benefit by treatment. If the person requests an examination, the person shall be examined by a physician at the facility during a period of time not to exceed

48 hours. The police shall maintain such security conditions as may be necessary. Prior to releasing the person from the center or other facility, the administrator

shall notify the police who shall transport the person therefrom for proceedings in the case. When a person who is arrested for a violation of a municipal ordinance, or disorderly

persons offense, and who is not also arrested for a misdemeanor, is brought before

the court on such charge, the court shall inform the person that the person is entitled to request a medical examination to determine whether or not the person has alcohol use disorder if the person has been admitted to a facility pursuant to the provisions of the preceding paragraph

and has not received a medical examination by a physician. The court shall further inform the defendant of the consequences which follow a

determination by a physician that the person is a person with an alcohol use disorder who would benefit by treatment. Any request for an examination shall be in writing. If the person makes such request, the proceedings shall be stayed for the period

during which the request is under consideration by the court. If the defendant requests an examination, the court shall appoint a physician to

conduct the examination at an appropriate location designated by it. In no event shall a request for an examination, any statement made by the defendant

during the course of an examination or any finding of a physician pursuant to the

provisions of this section be admissible against the defendant in any proceeding. A physician who conducts an examination pursuant to the provisions of this section,

shall determine whether or not the defendant is a person with an alcohol use disorder who would benefit by treatment. The physician shall report the findings to the court together with the facts upon which the findings are based and

the reasons therefor as soon as possible but in any event not longer than three days after the completion of the examination. If the physician reports that the defendant is a person with an alcohol use disorder who would benefit by treatment, the court shall inform the defendant that the defendant may request commitment to the division and advise the person of the consequences of the commitment. If the defendant requests commitment, and if the court finds that the defendant is a person with an alcohol use disorder who would benefit by treatment, the court may stay the criminal proceeding and commit

the defendant to the division as an inpatient or as an outpatient, whichever the court

deems appropriate, for a specified period. The term of inpatient treatment shall not exceed 30 days, the term of outpatient

treatment shall not exceed 60 days, and the total combined period of commitment, including

both inpatient and outpatient treatment, if both are ordered, shall not exceed 90

days. The court shall inform the defendant that if he is committed the proceeding will

be stayed for the term of the commitment. In determining whether or not to grant the request for commitment, the court shall

consider the report of the physician, the nature of the offense with which the defendant

is charged, the past criminal record, if any, of the defendant, and any other relevant

evidence. If the court decides that the defendant's request for commitment should be granted,

the court shall commit the defendant to the division if the division reports that

adequate and appropriate treatment is available at a facility; provided, however,

that if the court determines that commitment should be granted and the defendant is

charged with a first offense, the proceedings shall be stayed until adequate and appropriate

treatment is available at a facility. In cases where the defendant is not charged with a first offense and the division

reports that adequate and appropriate treatment is not available, the court may, in

its discretion, order that the stay of the proceeding remain outstanding until such

time as adequate and appropriate treatment is available. As a condition to the issuance of any commitment order by the court pursuant to the

provisions of this section, the defendant shall consent in writing to the terms of

the commitment. If the physician reports that the defendant is not a person with an alcohol use disorder who would benefit by treatment, the defendant shall be entitled to request a hearing

to determine whether the person is a person with an alcohol use disorder who would benefit by treatment. Thereupon the court may, of its own motion, or shall upon the request of the defendant

or the person's counsel, appoint an independent physician to examine the defendant and to testify

at the hearing. If the court determines that the defendant is a person with an alcohol use disorder who would benefit by treatment, the procedures and standards applicable to a defendant

who is determined by the court, following the report of the first examining physician

to be a person with an alcohol use disorder who would benefit by treatment, shall apply to the defendant. If the court does not order that the defendant shall be afforded treatment in lieu

of prosecution pursuant to the provisions of this section, the stay of the proceedings

shall be vacated. At any time during the term of commitment, the administrator may transfer any inpatient

to an outpatient program if the administrator finds that the patient is a proper subject for outpatient treatment; provided, however,

that the administrator may retransfer the patient to an inpatient program if the administrator finds that the person is not suitable for outpatient treatment. Any patient committed to the division pursuant to this section shall be discharged

from the facility to which the division has caused the patient to be admitted if at any time the administrator determines that treatment will no

longer benefit the patient ; provided, however, that such patient shall in any event be discharged at the termination

of the period of commitment specified in the court order. At the end of the commitment period, when the patient is discharged, or when the patient

terminates treatment at the facility, whichever first occurs, the director shall report

to the court on whether or not the defendant successfully completed the treatment

program, together with a statement of the reasons for the director's conclusion. In reaching the determination of whether or not the defendant successfully completed the treatment

program, the director shall consider, but shall not be limited to, whether the defendant

cooperated with the administrator and complied with the terms and conditions imposed

on the defendant during the commitment. If the report states that the defendant successfully completed the treatment program,

the court shall dismiss the charges pending against the defendant. If the report does not so state, or if the defendant has not completed the term

of commitment ordered by the court, then, based on the report and any other relevant

evidence, the court may take such action as it deems appropriate, including the dismissal

of the charges or the revocation of the stay of the proceedings. In the event that the court convicts a defendant who has been committed in lieu

of prosecution pursuant to the provisions of this section and sentences the defendant to a term of incarceration, the court shall reduce the term of incarceration by the

period during which the defendant was afforded treatment in lieu of prosecution pursuant

to this section. The State, municipal and local police shall, in cooperation with the department, provide

temporary security at facilities to which persons are taken pursuant to this section,

where it is necessary that such security be provided for the person arrested.