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NCJ Number: 62791 Find in a Library
Title: NEW LAW ON PUBLIC DRUNKENNESS
Author(s): M CROWELL
Corporate Author: University of North Carolina at Chapel Hill School of Government
United States of America
Date Published: 1978
Page Count: 14
Sponsoring Agency: University of North Carolina at Chapel Hill School of Government
Chapel Hill, NC 27599-5381
Publication Number: NO78/12
Format: Document
Language: English
Country: United States of America
Annotation: THE 1977 NORTH CAROLINA LAW FOR POLICE HANDLING OF PUBLIC DRUNKENNESS IS DESCRIBED, AND SUGGESTIONS FOR ITS IMPLEMENTATION, INCLUDING THE FORMS TO BE USED, ARE PRESENTED.
Abstract: THE NEW NORTH CAROLINA LAW ON PUBLIC DRUNKENNESS (CHAPTER 1134), EFFECTIVE OCTOBER 1, 1978, HAS THE FOLLOWING BASIC PARTS: (1) REPEAL OF G.S. 14-335, THE CRIME OF PUBLIC DRUNKENNESS, AND A PROHIBITION OF ANY LOCAL GOVERNMENT ADOPTION OF AN ORDINANCE PUNISHING PUBLIC DRUNKENNESS PER SE; (2) ENACTMENT OF A NEW CRIME OF DRUNK AND DISRUPTIVE WHICH GIVES POLICE ARREST AUTHORITY WHEN THE DRUNK IS DIFFICULT TO HANDLE; (3) AUTHORIZATION FOR POLICE AND DESIGNATED OTHERS TO ASSIST, WITHOUT ARRESTING, PUBLIC DRUNKS WHO ARE NOT DISRUPTIVE, INCLUDING THE AUTHORITY TO TAKE SUCH PERSONS TO SHELTERS, DETOXIFICATION CENTERS, OR JAIL (FOR DRYING OUT IF NO OTHER PLACE IS AVAILABLE); (4) PROVISIONS FOR SHORT-TERM (30 DAYS) AND LONG-TERM (180 DAYS) COURT-ORDERED TREATMENT OF DRUNKS DEEMED ALCOHOLICS, WHICH PROVISIONS SUPPLEMENT RATHER THAN REPLACE EXISTING INVOLUNTARY COMMITMENT LAWS; AND (5) AMENDMENT OF THE BAIL STATUTE TO ALLOW INTOXICATION TO BE CONSIDERED IN DETERMINING CONDITIONS OF PRETRIAL RELEASE. ARRESTS FOR THE NEW CRIME OF DRUNK AND DISRUPTIVE SHOULD BE INFREQUENT, AND POLICE SHOULD PROVIDE ASSISTANCE TO PUBLIC DRUNKS RATHER THAN ARREST THEM; DISTRICT COURT JUDGES SHOULD BE DISCRIMINATING ABOUT ORDERING 30-DAY AND LONGER COMMITMENTS UNDER THE NEW STATUTES, AND POLICE, COURT PERSONNEL, AND ALCOHOLIC TREATMENT STAFFS SHOULD JOINTLY DECIDE WHERE POLICE WILL TAKE PUBLIC DRUNKS AND THE TYPES OF PROGRAMS THAT WILL BE USED FOR 30-DAY COMMITMENTS; LOCAL GOVERNMENTS SHOULD ESTABLISH APPROPRIATE PLACES, OTHER THAN JAIL, FOR HOUSING AND HELPING PUBLIC DRUNKS. A COPY OF THE STATUTES IS INCLUDED, ALONG WITH SUGGESTED FORMS. (RCB)
Index Term(s): Drunkenness; Laws and Statutes; North Carolina
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62791

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