DE SB217

Requires arrested persons to be brought before a magistrate within 24 hours of arrest, or within 48 hours if the court orders an extension for good cause.

Permits persons incapacitated by alcohol or drug consumption to be held in police custody or temporarily committed to the Department of Correction for up to 12 hours until they can meaningfully participate in presentment proceedings, with an additional 24-hour extension possible for good cause.

Allows courts to transfer custody of unconscious or hospitalized persons from arresting officers to the Department of Correction, with bail and appearance dates set as appropriate.

Limits initial commitment of unconscious persons to 72 hours, after which the Justice of the Peace Court must conduct a case review and bond or commit the person for further proceedings.

Codifies existing local practice for handling defendants under the influence or hospitalized at arrest, allowing arresting officers to return to duty while ensuring defendant access to bail.