CHAPTER 307

FORMERLY

SENATE BILL NO. 341

AN ACT TO AMEND CHAPTER 22, TITLE 16, DELAWARE CODE, RELATING TO THE COMMITMENT AND EMERGENCY TREATMENT OF INTOXICATED PERSONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §2203(11), Title 16, Delaware Code by deleting said

paragraph and substituting in lieu thereof the following:

"(11) 'Intoxicated person' means a person whose mental or physical

functioning is substantially impaired as a result of the use of alcohol, drugs or other substances."

Section 2. Amend §2203, Title 16, Delaware Code by adding new paragraphs (17) and (18) to read as follows:

"(17) 'Designated transport personnel' means such personnel as designated by the Secretary of the Department of Health and Social Services to transport an intoxicated person to and from the hospital and public treatment facilities.

(18) 'Peace officer' means any public officer authorized by law to make arrests in a criminal case."

Section 3. Amend §2212, Title 16, Delaware Code by deleting subsections (b) and (c) in their entirety and substituting in lieu thereof new subsections to read as follows:

"(b) A physician, spouse, guardian or relative of the person to be

committed, or any other responsible person, may make a written application for commitment under this section, directed to the administrator of the approved public treatment facility. The application shall state the facts to support the need for emergency treatment and be accompanied by the certificate of a certifying physician stating that the physician has examined the person sought to be committed, within 2 working days before the certificate's date, and the facts supporting such need for emergency treatment. The certifying physician shall be someone other than the person making the written application for commitment. The person shall be brought to the facility by a peace officer, or in the sole discretion of the examining physician, by designated transport personnel or any other interested person. The person shall be detained at the facility to which he or she was admitted, or transferred to another appropriate public or private treatment facility by designated transport personnel, until discharged under this section. However, no person may be detained under this section for more than 2 working days unless a Family Court or Superior Court Judge has reviewed and approved the commitment application.

(c) The State Treasurer shall pay constables, sheriffs, and deputy

sheriffs for service as peace officers under this section at the rate of 15 cents for each mile necessarily traveled and a custody fee of $25 for the first peace officer and $15 for each additional peace officer, and shall pay medical doctors for services under this section $15 for each case."

Approved July 6, 1992