G.O. 5.17 - Intoxicated Individuals

Administrative Details

• General Order (G.O.) Number: $5.17$
  • Original Issue Date: $01/20/2023$
  • Re-issue / Effective Date: $10/04/2023$
• Accreditation Standard: POSTC – Section $5$ (Patrol Functions)
• Order Title: “Intoxicated Individuals”
• Issued by: Chief of Police Patrick J. Daley (Norwich Police Department)

Disclaimers & Legal Scope

• The document is for departmental use only; does NOT apply in criminal or civil proceedings.
• Should NOT be construed as creating a higher legal standard of safety/care for third-party claims.
• Violations:
  • Departmental policy violations → administrative sanctions.
  • Violations of law → civil or criminal sanctions in judicial settings.

Purpose

• Establish guidelines, policies, and procedures for handling:
  • Intoxicated persons.
  • Persons whose intoxication causes incapacitation and danger to self/others.
• Ultimate goal: protect the health and well-being of the public and affected individuals.

Policy Statement

• When a person is intoxicated or incapacitated and clearly dangerous to self or others, officers shall place the person in protective custody and deliver to an approved treatment facility.

Key Definitions

• Intoxicated Person: Mental/physical functioning substantially impaired as a result of alcohol or drug use.
• Medical Triage:
  • Immediate assessment of substance-abuse symptoms.
  • Immediate care/treatment as necessary.
  • Evaluation of treatment need & assistance in obtaining continued care.
• Protective Custody (civil status—not an arrest):
  • Purpose (a): Assure safety of individual and/or public.
  • Purpose (b): Assist the individual to return to a functional condition.

Statutory Foundation

• Authority derived from Connecticut General Statutes (C.G.S.) $17a!-<br /> 683$.
• Medical triage facilities must meet regulations created under C.G.S. $19a!-<br /> 495$.

Procedures – Overview

1. Protective Custody (Adults)
2. Special Procedures for Juveniles
3. Documentation / Reporting
4. Training Requirements

Protective Custody (Adults)

1. Voluntary Assistance – Intoxicated but NOT Incapacitated

• If an officer determines the person is:
  • Intoxicated in a public place, needs help, NOT incapacitated.
• With person’s consent officer may assist to:
  • Home.
  • Treatment facility.
  • Hospital/other facility able to accept the person.

2. Mandatory Custody – Incapacitated Individuals

• Criteria: Officer determines person appears incapacitated by alcohol.
• Required Actions:
  • Take into protective custody.
  • Immediately transport to:
  • Treatment facility that provides medical triage $(per\ 19a!-<br /> 495)$, OR
  • William W. Backus Hospital.
• Documentation:
  • Incident report.
  • C.G.S. $17a!- 683(b)$ form (triplicate):
  • White = Police Department.
  • Yellow = Backus Hospital.
  • Pink = Ambulance transporter.

3. When NOT Authorized to Seize

• Person merely intoxicated and all of the following apply:
  • (a) Capable of making rational decisions.
  • (b) Poses no danger to self/others.
  • (c) No risk of harm to the individual.

4. Officer Safety & Care Obligations

• Must take reasonable steps to protect the person’s health and safety during custody and transport.
• Protective custody ≠ arrest ⇒ No arrest record/entry made.

5. Determining Incapacity vs Intoxication

• Officer must have reasonable belief that BOTH conditions exist to label person “incapacitated”:
  1. Person cannot make rational decisions about treatment.
  2. Incapacity creates a substantial risk of harm to self or others.
• Indicators suggesting a person is only intoxicated (protective seizure NOT permitted):
  • Fully conscious & aware of location.
  • Able to react to people/events.
  • Capable of coherent communication.
  • Reasonably able to accept or refuse help.
  • Moves about without difficulty.
• If doubt exists:
  • Request supervisor to scene.
  • Provide supervisor with full details; supervisor assists in decision.
  • Original officer remains responsible for documentation.

Intoxicated Juveniles (Under $18$ Years)

• Immediate EMS Request if officer has reasonable cause to believe juvenile is:
  • Psychiatric disability.
  • Emotionally disturbed.
  • Intoxicated or incapacitated by alcohol/drugs.
• Transport Destination: William W. Backus Hospital (via EMS).
• Officer Actions:
  • Accompany EMS during transport.
  • Immediately notify parent/guardian.
  • Investigate source of alcohol/drugs; enforce laws when possible.

Reporting Requirements

• Protective custody for intoxication is NOT an arrest ⇒ No arrest entry.
• Incident Report must include:
  • Observations & circumstances.
  • Steps taken (custody, transport, treatment facility).
  • Disposition of the individual.

Training Requirements

• All Norwich PD personnel receive training on:
  • Contents of this General Order $5.17$.
  • Procedures & legal standards in C.G.S. $17a!-<br /> 683$.

Practical, Ethical & Real-World Considerations

• Balances public safety with individual autonomy.
• Recognizes substance-abuse disorders as health issues requiring medical intervention, not criminalization.
• Clear separation between civil protective custody and criminal arrest limits liability and supports due process.
• Ensures special protections for minors and for any individual with mental health concerns.

Quick Reference Checklist for Officers

• [ ] Assess level: Intoxicated vs Incapacitated.
• [ ] If incapacitated → Protective custody + transport.
• [ ] If intoxicated but rational → Offer voluntary assistance.
• [ ] Complete $17a!- 683(b)$ form (triplicate) & incident report.
• [ ] Request supervisor when uncertain.
• [ ] For juveniles → EMS + parental notification + investigation.