Hi all,
Recently applied for my LTC and just wanted to advise anyone who is applying of how being taken into protective custody can show up on your record.
In MA, they eliminated the crime of public intoxication and replaced it with something called "protective custody" (MGL c. 111B § 8). Basically, if you're too drunk to walk, passed out, so drunk you might be a danger to yourself or others, etc, they can throw you into the drunk tank for the night or take you to the hospital (if they think you might need your stomach pumped, you injured yourself, etc).
This isn't an arrest or a crime, there's no fine or court appearance, they just let you go once you're sobered up:
However, it does look like some PD's do put you into the system somehow (I was fingerprinted from what I recall) and it's added to your "Master Card" DJCIS file. When they run it, it may show up, and they may see the entry and have questions if you don't disclose it.
So the upshot is, you have no duty to disclose, but it's possible they'll see it and ask about it, and in a red town they could theoretically hold it against you for suitability.
Recently applied for my LTC and just wanted to advise anyone who is applying of how being taken into protective custody can show up on your record.
In MA, they eliminated the crime of public intoxication and replaced it with something called "protective custody" (MGL c. 111B § 8). Basically, if you're too drunk to walk, passed out, so drunk you might be a danger to yourself or others, etc, they can throw you into the drunk tank for the night or take you to the hospital (if they think you might need your stomach pumped, you injured yourself, etc).
This isn't an arrest or a crime, there's no fine or court appearance, they just let you go once you're sobered up:
A person assisted to a facility or held in protective custody by the police pursuant to the provisions of this section, shall not be considered to have been arrested or to have been charged with any crime. An entry of custody shall be made indicating the date, time, place of custody, the name of the assisting officer, the name of the officer in charge, whether the person held in custody exercised his right to make a phone call, whether the person held in custody exercised his right to take a breathalyzer test, and the results of the breathalyzer test if taken, which entry shall not be treated for any purposes, as an arrest or criminal record.
However, it does look like some PD's do put you into the system somehow (I was fingerprinted from what I recall) and it's added to your "Master Card" DJCIS file. When they run it, it may show up, and they may see the entry and have questions if you don't disclose it.
So the upshot is, you have no duty to disclose, but it's possible they'll see it and ask about it, and in a red town they could theoretically hold it against you for suitability.