(a) For purposes of this section only, the following phrases shall have meanings respectively ascribed to them:
(1) "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 Chapter 47 of Title 16.
(2) "Drug abuser" shall mean any person who compulsively and habitually uses drugs to the extent that they injure the person's
health and interfere with the person's social and economic functioning.
(b) The Director of the Division of Substance Abuse and Mental Health ("Director") shall designate certain hospital, clinic, or other
treatment facilities as "drug detoxification centers." The Director shall so designate such a facility only when the Director 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 which is not a felony under this title or Title 16, an arrestee who believes that the arrestee is under the
influence of drugs as defined in subsection (a) of this section shall have the right to request immediate admission to a drug detoxification
center. Upon such request, 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 the arrestee transported to the nearest available drug detoxification center.
(1) 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.
(2) Notwithstanding any provision of this Code to the contrary, no arrestee shall be heard to object in any court to failure to arraign
the arrestee before a magistrate during the period of transportation to or stay in a drug detoxification center, or for a reasonable time
not to exceed 24 hours after release.
(3) An arresting officer shall, when the officer suspects an arrestee of being under the influence of drugs, inform the arrestee of
the rights under this section.
(4) No arrestee may revoke a 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 the arrestee, subject to limitations of
facilities and staff.
(d) A drug detoxification center shall initially test admittees under this section to determine if they 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
center to carry out its function under this section. The results of tests taken at a drug detoxification center or statements made by admittees
under this section to drug detoxification center staff shall not 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. 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) of this section and has completed
treatment under this section in a manner satisfactory to the chairperson of the drug diagnostic team at the drug detoxification center to
which the person was admitted, the charge of consumption or use of the drug, under Chapter 47 of Title 16, shall be dismissed.
(g) Whenever a police officer sees a person whom the officer believes to have taken drugs and needs medical treatment, the police
officer may take that person into custody and arrange to have the person taken to a drug detoxification center or arrange to secure other
medical help. This subsection shall apply whether or not the officer may under the circumstances lawfully arrest the person whom the
officer believes to have taken drugs. 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 Substance Abuse and Mental Health 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 the Director for expenditure on their behalf.‹ Prev All Delaware sections Next ›
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