HARRY HUGHES, Governor

425

THIS SECTION IS EFFECTIVE ONLY ON AND AFTER JULY 1,
1983.

REVISOR'S NOTE: Subsections (a), (b), and (c) of this
section are new language derived without
substantive change from former Article 2C, §
301A.

Subsection (d) of this section is new language
added to reflect Section 2 of Ch. 621, Acts of
1981, which delayed the effective date of former
Article 2C, § 301A.

As to subsection (b)(3) of this section, the
Commission to Revise the Annotated Code notes,
for consideration by the General Assembly, that
the activities of Alcoholics Anonymous may not be
described adequately by the reference to "merely
holds meetings" and, therefore, may be included
as an "alcohol abuse facility" inadvertently.

Defined terms: "Department" § 1-101
"Includes"/"including" § 1-101
"Physician" § 1-101

SUBTITLE 5. DISPOSITION AND TREATMENT.

8-501. DISPOSITION OF PUBLICLY INTOXICATED INDIVIDUALS.

(A)  AUTHORIZED PERSONNEL.

(1)  IN COOPERATION WITH STATE AND LOCAL POLICE,
THE ADMINISTRATION AND APPROPRIATE OFFICIALS OF EACH
SUBDIVISION OF THIS STATE SHALL HAVE PROCEDURES UNDER WHICH
PERSONNEL OTHER THAN THE POLICE ARE AUTHORISED TO EXERCISE
THE POWERS UNDER THIS SECTION WHENEVER FEASIBLE SO THAT THE
EXERCISE OF THOSE POWERS BY THE POLICE ARE REDUCED TO A
MINIMUM.

(2)  THE POLICE AND OTHER AUTHORIZED PERSONNEL
WHO ACT UNDER THIS SECTION ARE ACTING WITHIN THE SCOPE OF
THEIR OFFICIAL DUTY.

(B)  DISPOSITION OF INDIVIDUALS.

(1) THE POLICE OR OTHER AUTHORIZED PERSONNEL MAY
TAKE OR SEND A PUBLICLY INTOXICATED INDIVIDUAL:

(I)  TO THE INDIVIDUAL'S HOME;

(II)  TO A HEALTH FACILITY; OR

(III)  IF THE INDIVIDUAL IS UNABLE TO
DECIDE RATIONALLY ABOUT ACCEPTING HELP OR THE INDIVIDUAL'S
HEALTH IS IN IMMEDIATE DANGER, TO A DETOXIFICATION UNIT.