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PUBLIC LAW 89-793-NOV. 8, 1966

[80 STAT.

Public Law 89-793 November 8, 1966 [ H. R. 9167]

Narcotic Addict Rehabilitation Act of 1966.

AN ACT To amend title 18 of the United States Code to enable the courts to deal more effectively with the problem of narcotic addiction, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That titles I, II, III, and IV of this Act may be cited as the "Narcotic Addict Rehabilitation Act of 1966". DECLARATION OF POLICY

SEC. 2. I t is the policy of the Congress that certain persons charged with or convicted of violating Federal criminal laws, who are determined to be addicted to narcotic drugs, and likely to be rehabilitated through treatment, should, in lieu of prosecution or sentencing, be civilly committed for confinement and treatment designed to effect their restoration to health, and return to society as useful members. I t is the further policy of the Congress that certain persons addicted to narcotic drugs who are not charged with the commission of any offense should be afforded the opportunity, through civil commitment, for treatment, in order that they may be rehabilitated and returned to society as useful members and in order that society may be protected more effectively from crime and delinquency which result from narcotic addiction. TITLE I—CIVIL COMMITMENT IN L I E U O F PROSECUTION 62 Stat. 869.

SEC. 101. Title 28 of the United States Code is amended by adding after chapter 173 thereof the following new chapter: "Chapter 175. Civil Commitment and Rehabilitation of Narcotic Addicts "Sec. "2901. Definitions. Discretionary authority of court; examination, report, and determination "2902. by court; termination of civil commitment. "2903. Authority and responsibilities of the Surgeon General; institutional custody; aftercare; maximum period of civil commitment; credit toward sentence. "2904. Civil commitment not a conviction; use of test results. "2905. Delegation of functions by Surgeon General; use of Federal, State, and private facilities. "2906. Absence of offer by the court to a defendant of an election, tinder section 2902(a) or any determination as to civil commitment, not reviewable on appeal or otherwise.

68A Stat. 557; 74 Stat. 57. 26 USC 4731.

"§2901. Definitions "As used in this chapter— " (a) 'Addict' means any individual who habitually uses any narcotic drug as defined by section 4731 of the Internal Revenue Code of 1954, as amended, so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of such narcotic drugs as to have lost the power of self-control with reference to his addiction. "(b) 'Surgeon General' means the Surgeon General of the Public Health Service. "(c) 'Crime of violence' includes voluntary manslaughter, murder, rape, mayhem, kidnaping, robbery, burglary or housebreaking in the nighttime, extortion accompanied hj threats of violence, assault with a dangerous weapon or assault with intent to commit any offense punishable by imprisonment for more than one year, arson punishable

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