313 Detox (Issued 05-15-2008)FRIDLEY POLICE DATE OF ISSUE NUMBER:
GENERAL ORDER May 15, 2008 313
SUBJECT: REVISION DATE SECTION:
Detox May 15, 2008 Yellow
I. PURPOSE
To formulate department policy and prescribe specific procedures regarding
intoxicated persons other than DWI cases.
II. POLICY
Drunkenness is not a crime. An intoxicated person may be arrested for offenses
other than drunkenness. A peace officer may take an intoxicated person into
custody for transport to a detoxification facility if he/she has reason to believe that
person is chemically dependent or is intoxicated in public and is a danger to their
self or others. A peace officer may take a person into custody for transport to
his/her home if the officer has reason to believe the person is chemically
dependent or is intoxicated in public and is not a danger to their self or other
person or property.
III. REFERENCE
Minnesota Statutes § 340A.902 Drunkenness is not a crime
Minnesota Statutes § 253B.05 Subd.2. Peace or Health Officer Hold
Minnesota Statutes § 253B.02 Subd.2 Chemically Dependant Person
IV. PROCEDURE
A. Officer(s) coming in contact with persons intoxicated in public may at the
officer’s discretion:
1. Take the party to detox.
2. Take the party home if the officer has no reason to believe the
party is a danger to himself or other persons or property.
a. For persons falling into above category but living or
staying at a residence outside the city, other modes of
transportation such as relatives, friends, etc. will be used.
An officer may transport the party outside the city limits if
the location is within a reasonable distance or take custody
and transport the intoxicated person to detox.
b. If unable to locate a responsible person to take custody, the
officer may transport intoxicated persons to detox.
B. Officers coming into contact with intoxicated persons in semipublic
(hospital, AA, etc.) or private (house, apartment, etc.) places may at the
officer’s discretion:
1. Take to detox if there is reason to believe the person is chemically
dependent as defined in Minnesota Statutes § 253B.02, Subd. 2.
Establishment of reason to believe person is chemically dependent
may include:
a. Statements by the intoxicated person which may
substantiate the person’s habitual and excessive use of
alcohol or drugs.
b. Statements from family, friends, or others that may
substantiate the person’s habitual and excessive use of
alcohol or drugs.
c. Previous police contacts which substantiate the person’s
habitual and excessive use of alcohol or drugs.
d. Failing a Preliminary Breath Test (PBT) administered by a
Peace Officer.
2. Take the party home if the person is chemically dependent but the
officer has no reason to believe the party is a danger to himself or
other persons or property.
a. For persons falling into above category but living or
staying at a residence outside the city, other modes of
transportation such as relatives, friends, etc. will be used.
An officer may transport the party outside the city limits if
the location is within a reasonable distance or take custody
and transport the intoxicated person to detox.
b. If unable to locate a responsible person to take custody, the
officer may transport intoxicated persons to detox.
Officers should check with the duty police supervisor in questionable cases.