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<br /> <br />Policy & Procedure Page 1 of 9 <br /> <br />Lexington Police <br />Department <br />Subject: <br /> <br />Protective Custody <br /> <br />Policy Number: <br /> 72C Accreditation Standards: <br />Reference: 1.1.3; 74.2.1 Effective Date: <br />11/1/10 <br /> New <br /> Revised <br /> <br />Revision <br />Dates: <br />1/24/19 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />By Order of: Mark J. Corr, Chief of Police <br /> <br /> <br />GENERAL CONSIDERATIONS AND GUIDELINES <br /> <br />The abuse of alcohol, controlled substances, toxic vapor and other substances is a <br />serious, nationwide public health problem. Excessive drinking and substance abuse <br />often results in breaches of the peace, damage to property, assaults and other more <br />serious crimes. Family neglect and domestic violence requiring police attention often <br />involve some form of alcohol and/or substance abuse. Substance and alcohol abuse <br />is considered a major factor that contributes to juvenile delinquency. <br /> <br />Intoxication, under the Massachusetts General Laws, is not a crime. By statute, <br />detoxification facilities and related programs are provided for the treatment and <br />rehabilitation of persons suffering from alcoholism.i Chapter 111B, Section 8 <br />authorizes protective custody of persons incapacitated as a result of consuming <br />alcohol.ii <br /> <br />Incapacitation, under the Massachusetts General Laws, is not a crime. By statute an <br />incapacitated person, means the condition of a person who, by reason of the <br />consumption of a controlled substance or toxic vapor or other substance other than <br />alcohol. Chapter 111B, Section 8A authorizes protective custody of persons <br />incapacitated as a result of their consumption of that substance or vapor. <br /> <br />M.G.L. Chapter 111B, Sections 8 & 8A does not prohibit nor affect the enforcement of <br />any laws, ordinances, by-laws, resolutions or regulations against driving after drinking <br />alcohol or consuming a controlled substance or toxic vapor, driving under the influence <br />of alcohol or drugs, or other similar offenses that involve the operation of motor <br />vehicles, machinery or other hazardous equipment. A person who has been taken into <br />protective custody is not considered to have been arrested or charged with a crime. <br /> <br />It is the policy of the Lexington Police Department to comply with the requirements of <br />Massachusetts General Law Chapter 111B, Section 8 and 8A when taking an <br />incapacitated person into protective custody.