Page:United States Statutes at Large Volume 80 Part 1.djvu/1478

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PUBLIC LAW 89-793-NOV. 8, 1966

[80 STAT.

TITLE II—SENTENCING TO COMMITMENT FOR TREATMENT 62 Stat. 683.

SEC. 201. Title 18 of the United States Code is amended by adding after chapter 313 thereof the following new chapter: "CHAPTER 314—NARCOTIC ADDICTS "Sec. "4251. "4252. "4253. "4254. "4255.

68A Stat. 557; '^26 USC^473i.

Definitions. Examination. Commitment. Conditional release. Supervision in the community.

"§4251. 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 or has been 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) 'Crime of violence' includes voluntary manslaughter, murder, rape, mayhem, kidnaping, robbery, burglary or housebreaking in the nighttime, extortion accompanied by 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 as a felony, or an attempt or conspiracy to commit any of the foregoing offenses. "(c) 'Treatment' includes confinement and treatment in an institution and under supervised aftercare in the community and includes, but is not limited to, medical, educational, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public land benefit the addict by correcting his antisocial tendencies and ending his dependence on addicting drugs and his susceptibility to addiction. " (d) 'Felony' includes any offense in violation of a law of the United States classified as a felony under section 1 of title 18 of the United States Code, and further includes any offense in violation of a law of any State, any possession or territory of the United States, the District of Columbia, the Canal Zone, or the Commonwealth of Puerto Rico, which at the time of the offense was classified as a felony by the law of the place where that offense was committed. "(e) 'Conviction' and 'convicted' mean the final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere, and do not include a final judgment which has been expunged by pardon, reversed, set aside, or otherwise rendered nugatory. " (f) 'Eligible offender' means any individual who is convicted of an offense against the United States, but does not include— " (1) an offender who is convicted of a crime of violence. "(2) an offender who is convicted of unlawfully importing or selling or conspiring to import or sell a narcotic drug, unless the court determines that such sale was for the primary purpose of enabling the offender to obtain a narcotic drug which he requires for his personal use because of his addiction to such drug. " (3) an offender against whom there is pending a prior charge of a felony which has not been finally determined or who is on probation or whose sentence following conviction on such a charge, including any time on parole or mandatory release, has not been fully served: Provided, That an offender on probation, parole, or

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