Overdose Prevention Act. School officials and law enforcement officers must also be mindful of the immunity provisions of the Overdose Prevention Act, codified at N.J.S.A. 2C:35-30 and N.J.S.A. 2C:35-31, and Attorney General Law Enforcement Directive 2013-1, seeking to ensure uniform statewide enforcement of the law. On May 13, 2013, Governor Xxxxxxxx signed the Act into law, the overarching purpose of which is to encourage individuals to seek medical assistance whenever a drug overdose occurs. Specifically, the Act provides that when a person, in good faith, seeks
Overdose Prevention Act. School officials and law enforcement officers must also be mindful of the immunity provisions of the Overdose Prevention Act, codified at N.J.S.A. 2C:35-30 and N.J.S.A. 2C:35- 31, and Attorney General Law Enforcement Directive 2013-1, seeking to ensure uniform statewide enforcement of the law. On May 13, 2013, Governor Xxxxxxxx signed the Act into law, the overarching purpose of which is to encourage individuals to seek medical assistance whenever a drug overdose occurs. Specifically, the Act provides that when a person, in good faith, seeks medical assistance for an individual believed to be experiencing a drug overdose, whether the person is seeking assistance for himself/herself or another, the person calling for help and the person experiencing the overdose shall not be arrested, charged, prosecuted, or convicted for certain specified criminal offenses enumerated in N.J.S.A. 2C:35-30(a)(1-6) and N.J.S.A. 2C:35-31(a)(1-6) involving the use or simple possession of controlled dangerous substances.2 Attorney General Directive 2013-1 expanded the immunity provisions of the Act beyond its plain language to encompass the spirit of the law by providing immunity to others present at the scene of the overdose event if those other persons were made aware of and participated in the request for medical assistance, even if only one person actually placed the call to 9-1-1. As Attorney General Directive 2013-1 made clear, the immunity feature of the Act does not extend to simple use or possession drug offenses that come to the attention of law enforcement by independent means.3 2The Act does not limit in any way the ability of law enforcement to investigate, arrest, or prosecute an offense involving the manufacture, distribution, or possession with intent to distribute an illicit substance or paraphernalia or other drug-offenses. 3Law enforcement and educators should also be mindful of P.L. 2009, c.133, the “9-1-1 Lifeline Legislation,” which provides immunity for underage use and possession of alcohol for up to three people (including the individual in need of medical assistance) when 9-1-1 is called for an alcohol-poisoning related medical emergency. To be eligible for the immunity, the underage persons must be the first to place the 9-1-1 call, must provide their names to the 9-1-1 operator, must remain on the scene of the event, and must cooperate with law enforcement and medical responders.
Overdose Prevention Act. School officials and law enforcement officers must also be mindful of the immunity provisions of the Overdose Prevention Act, codified at N.J.S.A. 2C:35-30 and N.J.S.A. 2C:35-31, and Attorney General Law Enforcement Directive 2013-1, which seeks to ensure uniform statewide enforcement of the law.
Overdose Prevention Act. School officials and law enforcement officers must also be mindful of the immunity provisions of the Overdose Prevention Act, codified at N.J.S.A. 2C:35-30 and N.J.S.A. 2C:35-31, and Attorney General Law Enforcement Directive 2013-1, seeking to ensure uniform statewide enforcement of the law. On May 13, 2013, Governor Xxxxxxxx signed the Act into law, the overarching purpose of which is to encourage individuals to seek medical assistance whenever a drug overdose occurs. Specifically, the Act provides that when a person, in good faith, seeks medical assistance for an individual believed to be experiencing a drug overdose, whether the person is seeking assistance for himself/herself or another, the person calling for help and the person experiencing the overdose must not be arrested, charged, prosecuted, or convicted for certain specified criminal offenses enumerated in N.J.
Overdose Prevention Act. School officials and law enforcement officers must also be mindful of the immunity provisions of the Overdose Prevention Act, codified at N.J.S.A. 2C:35-30 and N.J.S.A. 2C:35-31, and Attorney General Law Enforcement Directive 2013-1, which seeks to ensure uniform statewide enforcement of the law. The Act provides that when a person, in good faith, seeks medical assistance for an individual believed to be experiencing a drug overdose, whether the person is seeking assistance for himself/herself or another, the person calling for help and the person experiencing the overdose must not be arrested, charged, prosecuted, or convicted for certain specified criminal offenses enumerated in N.J.
