Massachusetts Alcoholic Beverages Control Commission Investigation and Enforcement Division

OPERATIONS MANUAL

CHAPTER: O-011

SUBJECT: Protective Custody

AMENDS/SUPERSEDES: All Previous

DISTRIBUTION: All Investigators

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Discussion:

The investigator in the performance of his duties confronts the problem of alcoholism in a most direct way. Excessive drinking often results in serious breaches of public peace, damage to public and private property, assault and battery and other more serious crimes. Although police services are frequently required in situations involving intoxicated persons, it is important to note that intoxication, in and of itself, is not a crime.

PROCEDURES

Intoxication:

A.  When an investigator encounters a person who, in the judgment of the investigator, is intoxicated the investigator should take whichever of the following actions is, in the judgment of the investigator, the most appropriate to ensure the safety and welfare of the public, the individual, or both.

1. Release the person to some other person assuming responsibility for the intoxicated person; or

2. Contact the local police department who may assist the person, if he consents, to his home, an approved alcohol treatment program, or some other appropriate location; or pursuant to MGL Chapter 111B §8, only a police officer may place the individual into protective custody “at a police station until he is no longer incapacitated or for a period of not longer than twelve hours, whichever is shorter”.

Procedures for Juveniles:

A. Whenever a person under 18 years of age who is judged by the investigator to be intoxicated or incapacitated the Investigator shall follow procedures pursuant to O-009.

Arrests:

A.  Nothing in this directive prohibits an investigator from making an arrest of an intoxicated person for a crime pursuant to O-005.

Other Possible Ailments:

A. If an investigator comes upon, or responds to a call in regard to an incapacitated or intoxicated person, the investigator shall be aware of other possible ailments. An incoherent or unsteady or unconscious person may, for example be suffering from an epileptic seizure, insulin shock, diabetic coma, stroke, heart attack, or brain injury.

B. The investigator shall be alert for any symptoms indicating any of these ailments and shall cause to have the person examined at an appropriate medical facility if any of these problems are indicated or suspected.

O-011: 1