CHAPTER 250

FORMERLY HOUSE SUBSTITUTE NO. 2 FOR

HOUSE BILL NO. 333

AS AMENDED BY

HOUSE AMENDMENTS NOS. 1, 3, 5 AND 6

AN ACT TO AMEND TITLE 11, SUBCHAPTER XXXI, DELAWARE CODE BY PROVIDING FOR THE TREATMENT OF DRUG ABUSERS AND FOR THE DISPOSITION OF CERTAIN CHARGES PLACED AGAINST THEM.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Title 11, Subchapter XXXI, Delaware Code, by adding the following thereto:

§ 615. (a) For purposes of this section only, the following phrases shall have meanings respectively ascribed to them:

"Drug abuser" shall mean any person who compulsively and habitually used drugs to the extent that they injure his health and interfere with his social and economic functioning.

"A person under the influence of drugs" shall mean a person whose powers of self-control have been substantially impaired because of the consumption of a drug described in Title 16, Delaware Code, Chapter 47, and Chapter 49.

(b) The Director of the Division of Drug Abuse Control shall designate certain hospital, clinic, or other treatment facilities as "drug detoxification centers". He shall so designate such a facility only when he is satisfied that the facility has the medical and other staff, as well as the equipment, to diagnose and treat drug abusers as provided for in this section.

(c) Upon arrest for any crime under this title or Title 16 of the Delaware Code, an arrestee who believes himself to be under the influence of drugs as defined in subsection (a) shall have the right to request immediate admission to a drug detoxification center. Whereupon the arresting officer shall, as soon as transportation is available and as soon as conditions at the scene of the

arrest permit, arrange to have said arrestee transported to the nearest available drug detoxification center.

(i) Provided, that no expression of a desire to be admitted to a drug detoxification center shall be admissible in evidence in any criminal prosecution against the arrestee.

(ii) Provided further, notwithstanding any provision of this Code to the contrary, that no arrestee shall be heard to object in any court to failure to arraign said arrestee before a magistrate during the period of his transportation to or stay in a drug detoxification center, or for a reasonable time not to exceed twenty-four (24) hours after his release.

(iii) Provided further, that any arresting officer shall, when he suspects an arrestee of being under the influence of drugs, inform the arrestee of his rights under this section.

(iv) Provided further, that no arrestee may revoke his request to be taken to a drug detoxification center after having made that request, and any drug detoxification center to which an arrestee is brought must consent to admission and testing of said arrestee, subject to limitations of facilities and staff.

(d) A drug detoxification center shall initially test admittees under this section to determine if said admittees are under the influence of drugs or are drug abusers. If tests prove negative, the admittee shall be released forthwith to the custody of the arresting authorities. Any arrestee requesting admission to a drug detoxification center is deemed to consent to all medical and psychiatric tests considered necessary by the cefiter to carry out its function under this section. Provided, that no results of tests taken at a drug detoxification center or statements made by admittees under this section to drug detoxification center staff shall be admissible as evidence in a criminal prosecution against the admittee.

(e) Admittees under this section whom the drug detoxification center determines to be drug abusers shall be asked if they wish to receive further treatment. Those consenting to further treatment shall remain until discharged by the drug detoxification center or until they wish to leave. Provided, that no one admitted under this section shall be permitted to leave the drug detoxification center until the arresting police agency is notified.

(f) Upon a satisfactory showing to the court that a person is a drug abuser as defined in subsection (a) and has completed treatment under this section in a manner satisfactory to the Chairman of the Drug Diagnostic Team at the drug detoxification center to which he was admitted, the charge of consumption or use of the drug, under Sections 4722, 4723, 4903 (d) and 4904 of Title 16, shall be dismissed.

(g) Whenever a police officer sees a person whom he believes to have taken drugs to the point where that person needs medical treatment, the police officer may take that person into custody and arrange to have him taken to a drug detoxification center or arrange to secure other medical help. Provided, that this subsection shall apply whether or not the officer may under the circumstances lawfully arrest the person whom he believes to have taken drugs. Provided further, that no officer acting in good faith shall be subject to criminal or civil liability for any action under this subsection.

(h) To further the implementation of this section, the Director of the Division of Drug Abuse Control may prescribe regulations for the operation of drug detoxification centers and may assist such drug detoxification centers by distributing to them such funds as the General Assembly may from time to time appropriate to him for his expenditure on their behalf.

Section 2. This Act shall become effective in the designated county fifteen days after the Governor signs an Executive Order that there is a Drug Detoxification Center properly equipped and staffed in such county.

Approved July 9, 1971.