|
|||||||||
| Issue Date: | 03 July 1992 | Effective Date: | 04 July 1992 | ||||||
| Rescinds: | G92-01-11 | ||||||||
| Index Category: | Human Rights and Community Partnerships | ||||||||
| I. | Purpose |
This directive facilitates Department compliance with the Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS 301).
| II. | Procedures |
-
A. Persons who, in the professional judgment of the police officer, are identified as being incapacitated in a public place will be taken into protective custody and immediately transported to a detoxification facility (see Item VI of this directive). If no detoxification facility in the district of occurrence or immediately adjacent district(s), the person will be taken to the nearest hospital approved by the Chicago Department of Health to participate an Emergency Room Service. A list of those hospitals is contained in the Department directive entitled "Squadrol Operating Procedures." -
B. Persons who, in the professional judgment of the police officer, are identified as being intoxicated in a public place and who may present a danger to themselves or others and who have apparently not violated a criminal law or committed an ordinance violation may, IF THEY CONSENT, be assisted to their home if it is located in the district of occurrence. They may also be assisted to a public treatment facility, a private treatment facility or other health facility, IF THEY CONSENT and such a facility is located in the district of occurrence or immediately adjacent district(s). If the person REFUSES the assistance offered, no further police action will be taken. -
C. In a case wherein a person handled as a public inebriate comes under Department control, NO ARREST REPORT (CPD-11.420) will be prepared. A Miscellaneous Incident Exception Report (CPD-11.419) or a Missing/Found Person Case Report (CPD-11.407), as appropriate, will be prepared in accordance with existing reporting procedures. The treatment facility to which the person was transported, including his home, will be noted in the report. -
D. Detoxification facilities and hospitals will accept these individuals on a no-decline basis. The law states that subsequent transportation be arranged by the treatment facility. Department resources will not be used for this purpose. If a treatment facility should decline to accept a patient, the officer will transport the individual to an alternative facility, and submit a To-From-Subject report to the Director, Research and Development Division, citing the circumstances. -
E. Sworn members who transport an individual to a facility for treatment will make every reasonable effort to protect the person's health and safety. -
F. Whenever a person who is incapacitated or intoxicated by alcohol, violates a criminal law or commits an ordinance violation, he will be placed under arrest and processed in accordance with existing Department procedures for processing arrested persons.
| III. | Liability |
The Act states that "No intermediary person acting in good faith and without negligence in connection with the preparation of petitions, applications, certificates or other documents for apprehension, transportation, examination, treatment, detention or discharge or the taking into protective custody of an individual under the provisions of this Act shall incur any civil or criminal liability by reason of these acts." (20 ILCS 301/55‑10)
| IV. | Effect of Act upon Other Laws |
"No county, municipality or political subdivision may adopt or enforce any law that includes being intoxicated as the sole basis of the offense, nor interpret or apply any law to circumvent the provisions of this Section. However, nothing in this Section affects any law, ordinance, resolution or rule against driving under the influence of alcohol or other drugs, or any similar offense involving operation of a vehicle, aircraft, boat, machinery, or the use of firearms or other equipment. Nothing in this Section affects any law regarding the sale, purchase, use, possession or dispensing of drugs or alcohol at stated places, at stated times or by particular classes of persons." (20 ILCS 301/55‑15)
| V. | Confirmation of Patient Custody |
-
A. Officers who transport public inebriates to hospitals will not complete the OUT-PATIENT (EMERGENCY ROOM) Cook County Confirmation of Custody form. -
B. The OUT-PATIENT (EMERGENCY ROOM) Cook County Confirmation of Custody form will be completed only for arrestees.
| VI. | Drug Abuse Services |
The provisions of this Act relating to Drug Abuse Services treatment programs are functions of the Illinois Department of Alcoholism and Substance Abuse, the State's Attorney's Office and the courts.
| VII. | Detoxication Facilities |
-
A. DETOXIFICATION FACILITIES - DISTRICTS SERVED -
1. A.D.D. Detoxification (Aid to Alcoholics) - 19, 20, 23, 24 -
2. Haymarket House - 1, 9, 10, 11, 12, 13, 18 -
3. Entry House - 2, 3, 4, 6, 7, 21
-
-
B. EMERGENCY MEDICAL SERVICES CUSTOMARILY USED FOR INCAPACITATED PERSONS Those districts which are not served by a detoxification facility will transport public inebriates to the nearest hospital approved by the Chicago Department of Health, to participate in Emergency Room Service as listed in the Department directive entitled "Squadrol Operating Procedures".
Matt L. Rodriguez
Superintendent of Police
Superintendent of Police
91-071 JVD(AJB)
PHONE BOOK: