An Act to provide a comprehensive program for the control of drunkenness and the prevention and treatment of alcoholism in the District of Columbia, and for other purposes
PL 90-452 (H.R.14330), enacted 08/03/1968

618 
PUBLIC LAW 90-452-AUG. 3, 1968 
[82 STAT. 
August 3,1968 
[H. R. 14330] 
Public Law 90-452 
AN ACT 
To provide a coini>relieiisive program for the control of drunkenness and the 
prevention and treatment of alcoholism in the Dihtrict of Columbia, and for 
other purposes. 
District of 
Columbia Alco-
holic Rehabilita-
tion Act of 1967. 
67 Stat. 104. 
61 Stat. 744. 
Definitions. 
Be it enacted hy the Senate and Houne of Reprecent(itAce^ of the 
United Staten of America, in Congi'eHH a^Hembled^ That this Act may 
be cited as the "District of Cohimbia Alcoliolic Kehabilitation Act of 
1967''. 
SEC. 2. (a) Section 28 of the District of Columbia Alcoholic Bever-
age Control Act (D.C. Code, sec. 25-128) is amended— 
(1) by amendinji: the second sentence of subsection (a) to read 
as follows: '*No person in the District of Columbia, whether in or 
on public or private property, shall be intoxicated and endanger 
the safety of himself or of any other person or of property.""; 
(2) by striking out "this section" in subsection (b) and insert-
ing in lieu thereof "subsection (a) of this section"; and 
(3) by adding after subsection (b) the following new sub-
section : 
"(c) Any person in the District of Columbia who is intoxicated in 
public and who is not conducting himself in such manner as to endanger 
the safety of himself or of any other person or of property, shall be 
dealt with in accordance with section 4 of the Act of August 4, 1947 
(as amended by the District of Columbia Alcoholic Rehabilitation Act 
of 1967).*' 
(b) Section 400 of the Revised Statutes of the United States relat-
ing to the District of Columbia (D.C. Code, sec. 4-143) is amended by 
adding at the end thereof the following new sentence: "A meml)er of 
the police force who deals Avith an individual in accordance with sec-
tion 4(b) of the Act of August 4, 1947 (as amended by the District of 
Columbia Alcoholic Rehabilitation Act of 1967) shall not be consid-
ered as having violated this section." 
SEC. 3. (a) The Act of August 4, 1947 (D.C. Code, sees. 24-501— 
24-514, 25-llla) is amended by striking out sections 1 through 13 and 
inserting in lieu thereof the following: 
"SECTION 1. The purpose of this Act is to establish a comprehensive 
program in the District of Columbia for the prevention of alcoholism 
and the rehabilitation of alcoholics, discourage abuse of alcoholic bev-
erages, and provide for medical, psychiatric, and other scientific treat-
ment of chronic alcoholics; to minimize the deleterious effects of 
excessive drinking; to reduce the financial burden imposed upon the 
people of the District of Columbia by the abusive use of alcoholic 
beverages, as is reflected in accidents, inefficiency of personnel, and 
absenteeism; and to establish methods of handling intoxication and 
alcoholism that will benefit the individual involved and more fully 
protect the public. In order to accomplish this purpose and alleviate 
intoxication and chronic alcoholism, all public officials in the District 
of Columbia shall take cognizance of the fact that public intoxication 
shall be handled as a public health problem rather than as a criminal 
offense, and that a chronic alcoholic is a sick person who needs, is 
entitled to, and shall be provided appropriate medical, psychiatric, 
institutional, advisory, and rehabilitativ'e treatment services of the 
highest caliber for his illness. 
"SEC. 2. For purposes of this Act— 
" (1) The term 'chronic alcoholic' means any person who chronically 
and habitually uses alcoholic beverages to the extent that (A) they 
injure his health or interfere with his social or economic functioning, 
82 STAT. ] 
PUBLIC LAW 90-452-AUG. 3, 1968 
619 
or (B) he has lost the power of self-control with respect to the use of 
such beverages. 
"(2) The term 'Court' means the District of Columbia Court of 
General Sessions. 
"(3) The term 'Commissioner' means the Commissioner of the 
District of Columbia. 
"SEC. 3. (a) The Commissioner shall establish and maintain an effec-
tive public health program in the District of Columbia to provide a 
continuum of appropnate services to intoxicated persons and chronic 
alcoholics. Such program shall coordinate all District of Columbia 
services for intoxicated persons and chronic alcoholics and shall in-
clude at least the following facilities which shall be available to both 
males and females: 
"(1) One or more detoxification centers, which shall be located 
within the District of Columbia, which shall have a total capacity of 
not more than 150 beds, and which shall provide appropriate medical 
services for intoxicated persons, including initial examination, diag-
nosis, and classification. 
"(2) An inpatient extended care facility which shall have a capacity 
of not more than 800 beds and which shall provide intensive study, 
treatment, and rehabilitation of chronic alcoholics. Such facility shall 
not admit intoxicated persons. 
"(3) Outpatient aftercare facilities which may include clinics, social 
centers, vocational rehabilitation services, and supportive residential 
facilities and which shall have a total capacity of not more than 600 
beds. 
" (b) The Commissioner may— 
"(1) establish or designate an agency of the District of Colum-
bia government, and 
"(2) designate any officer or employee of the District of 
Columbia government, 
to carry out any of his functions, powers, and duties under this Act. 
"SEC. 4. (a) Except as otherwise provided in subsection (b) of this 
section, any person who is intoxicated in public— 
"(1) may be taken or sent to his home or to a public or private 
health facility, or 
"(2) if not taken or sent to his home or such facility under 
paragraph (1), shall be taken to a detoxification center, 
by the commissioner. Reasonable measures may be taken to ascertain 
that public transportation used for such purposes shall be paid for by 
such person in advance. Any intoxicated person may voluntarily come 
to a detoxification center for medical attention. The medical officer 
in charge of a detoxification center shall have the authority to deter-
mine whether a person shall be admitted to such center as a patient, or 
w^hether he should be referred to another health facility. The medical 
officer in charge of such center shall have the authority to require any 
person admitted as a patient under this subsection to remain at such 
center until he is sober and no longer incapacitated, but in any event 
no longer than 72 hours after his admission as a patient. If the medical 
officer concludes that such person should receive treatment at a dif-
ferent facility, he shall arrange for such treatment and for transporta-
tion to that facility. A detoxification center may provide medical 
services to a person who is not admitted as a patient. A patient in a 
detoxification center shall be encouraged to consent to an intensive 
diagnosis for alcoholism and to treatment at the inpatient and out-
patient facilities authorized in section 3(a) of this Act. 
"(b) (1) Any person who is taken into custody for violating section 
28 of the District of Columbia Alcoholic Beverage Control Act (D.C. 
Code, sec. 25-128) shall be brought to a detoxification center where he 
^"'^' P- ^is. 
shall either be admitted as a patient or transported by the Commis-
620 
PUBLIC LAW 90-452-AUG. 3, 1968 
[82 STAT. 
sioner to another appropriate medical facility for treatment. The 
police officer who took such person into custody for violating such 
section shall leave a violation notice for such person with the medical 
officer in charge of the detoxification center. After such person is sober 
and no longer incapacitated, the medical officer in charge of the detoxi-
fication center shall detain him as long as is reasonably necessary to 
conduct a diagnosis for alcoholism. If such person is diagnosed as a 
chronic alcoholic the medical officer shall, after a review of such 
person's record, recommend to the Corporation Counsel whether a 
criminal charge should be filed against such person for violating such 
section in order to institute civil commitment proceedings under sec-
tion 7 of this Act. If such a criminal charge is not filed, no entry relat-
ing to such person's arrest for violating such section shall be made 
on any arrest or other criminal record. If the Corporation Counsel 
concludes that a criminal charge should be filed, the medical officer 
in charge of the detoxification center shall deliver to such person 
the violation notice that had been left with him. If such person is not 
diagnosed as a chronic alcoholic the medical officer in charge of the 
detoxification center shall deliver to him the violation notice that had 
been left with the medical officer and such person shall, after he is 
released by the center, be handled as in any other criminal case. 
" (2) Any person who is taken into custody in the District of Colum-
bia for violating any criminal j)rovision applicable in the District of 
Columbia (other than such section 28) and who appears to be intoxi-
cated may be taken by the police to a detoxification center where he 
may be admitted as a patient for an immediate medical evaluation of 
his condition. As soon as it is determined that he is not in medical 
danger he shall be handled by the police as in any other criminal 
case. If his health is in danger, he may be detained either at the detoxi-
fication center or at some other appropriate medical facility until the 
danger has passed, and he shall then be handled as in any other criminal 
case. Such security conditions shall be maintained as are commensurate 
with the seriousness of the offense. In appropriate cases where there 
is no danger to the safety of any person, the police may leave w ith the 
medical officer in charge of the detoxification center a violation notice 
which shall be delivered to such person when he is released from the 
detoxification center. 
Records. 
u ^^^ rpj^^ registration and other records of a detoxification center 
shall remain confidential, and may be disclosed only to medical person-
nel for purposes of diagnosis, treatment, and court testimony, to police 
personnel for purposes of investigation of criminal offenses and com-
plaints against police action, and to authorized personnel for purposes 
of presentence reports. 
"(d) The Commissioner shall promptly develop, in cooperation with 
the police, procedures for taking or sending an intoxicated person to a 
detoxification center, his residence, or a public or private health facility 
if no criminal charge is brought against such person. 
"SEC. 5. (a) Any person may voluntarily request admission to the 
inpatient center authorized in section 3(a) of this Act, and no person 
committed under section 7 of this Act shall take precedence for pur-
poses of admission over a person who voluntarily requests admission 
unless the person so committed is found by the Court to endanger the 
public safety. The medical officer in charge of the inpatient center is 
authorized to determine who shall be admitted as a patient. A com-
plete medical, social, occupational, and family history shall be ob-
tained as part of the diagnosis and classification at the inpatient 
center, and an effort shall also be made to obtain copies of all pertinent 
records from other agencies, institutions, and medical facilities in order 
to develop a complete and permanent history on each patient. 
82 STAT. ] 
PUBLIC LAW 90-452-AUG. 3, 1968 
621 
"(b) A program shall be developed for patients of the inpatient 
center who are diagnosed not to be chronic alcoholics which program 
shall be designed to inform them of the dangers of alcoholism. 
"(c) In the case of a patient of the inpatient center who is diagnosed 
as a chronic alcoholic, he shall be given immediate, intensive treatment 
for chronic alcoholism at the inpatient center. 
"(d) No patient may be detained at the inpatient center without his 
consent, except under an order of the Court issued under section 7 of 
this Act. Reasonable regulations for checking out of the inpatient 
center and for providing transportation may be adopted. If a patient 
checks out of the center against medical advice, he may be readmitted 
at the discretion of the medical officer in charge of the center. 
"SEC. 6. (a) A chronic alcoholic shall be encouraged to consent to 
outpatient and aftercare treatment for his illness at the types of 
facilities authorized in section 8(a) of this Act. Any ])erson may 
voluntarily request admission to outpatient treatment. The medical 
officer in charge of the outpatient treatment is authorized to determine 
who shall be admitted to such treatment. There shall be one central 
outpatient treatment office Avhich shall coordinate the operation of all 
outpatient facilities, and paiticiilarly shall be responsible for locating 
residential facilities for indigent intoxicated persons and alcoholics. 
" (b) For chronic alcoholics for whom recovery is unlikely, support-
ive services and residential facilities shall be provided. 
" (c) The Commissioner shall be responsible, through the outpatient 
treajtment programs, for coordinating all public and private commu-
nity efforts, including welfare services, vocational rehabilitation, and 
job placement, to integrate chronic alcoholics back into society as 
productive citizens. 
"(d) No person shall be required to participate in outpatient treat-
ment without his consent unless required under an order of the Court 
issued under section 7 of this Act. Reasonable recjuirements may be 
placed upon such a person as conditions for his participation in such 
treatment. If a patient withdraws from outpatient treatment against 
medical advice, he may be readmitted at the discretion of the medical 
officer in charge of outpatient treatment. 
"SEC. 7. (a) The Court may, on a petition of the Corporation Coun-
sel on behalf of the Commissioner, filed and heard before the period of 
detention for detoxification and diagnosis expires, order a person to 
be committed to the custody of the Commissioner for inpatient treat-
ment and care if (1) the Court determines that the person is a chronic 
alcoholic and that as a result of chronic or acute intoxication such 
person is in immediate danger of substantial physical harm, and (2) 
such person received notice of the filing of such petition within a 
reasonable time before the hearing held by the Court. The period of 
such commitment, computed from the date of admission to a detoxifica-
tion center, shall not exceed (1) 30 days in the case of the first or sec-
ond such commitment within any 24-month period, or (2) 90 days in 
the case of the third or subsequent such commitment within any 24-
month period. 
"(b)(1) The Court may, after making the findings prescribed in 
paragraph (2) of this subsection, commit to the custody of the Com-
missioner for treatment and care for up to a specified period of time 
a chronic alcoholic who— 
"(A) is charged with any misdemeanor and who, prior to trial 
for such misdemeanor, voluntarily requests such treatment in 
lieu of criminal prosecution for such misdemeanor; 
"(B) is charged wnth a violation of section 28 of the District of 
Columbia Alcoholic Beverage Control Act (D.C. Code, sec. 25-
128) and is acquitted on the ground of chronic alcoholism; or 
Ante, p. eis. 
"(C) is convicted of a violation of such section 28. 
622 
PUBLIC LAW 90-452-AUG. 3, 1968 
[82 STAT. 
The term of commitment of a chronic alcoholic ordered by the Court 
under this subsection may not exceed the maximum term of imprison-
ment authorized for the misdemeanor for which the chronic alcoholic 
was charged. 
"(2) Before any person may be committed under this subsection, 
the Court shall, after a medical diagnosis and a civil hearing, find 
that— 
" (A) the person is a chronic alcoholic; 
"(B) adequate and appropriate treatment provided by the 
Commissioner is available for the person; and 
"(C) in the case of a person described in subparagraph (C) of 
paragraph (1) of this subsection, he constitutes a continuing dan-
ger to the safety of himself or of other persons. 
The Court shall give reasonable notice of such hearing to the person 
sought to be committed and his attorney. In the case of a person 
described in subparagraph (C) of paragraph (1) of this subsection, if 
the Court does not make the finding described in subparagraph (B) 
of this paragraph, the (^ourt may sentence the person to a penal insti-
tution pendnig the availability of such treatment, but for a period 
not to exceed the maximum term of imprisonment authorized for a 
violation of such section 28. 
"(c) A committed person may challenge by a petition for a writ of 
habeas corpus the applicability of such findings, except that no more 
than one such petition may be filed in any six-month period. The 
limitation prescribed in the preceding sentence shall not apply in the 
case of petitions based on newly discovered evidence. 
"(d) The Commissioner may transfer a committed person who has 
been adjudged a continuing danger to the safety of himself or of 
other persons from inpatient to outpatient status only with permission 
of the Court. The Commissioner may transfer any other committed 
person from inpatient to outpatient status, and any committed persons 
from outpatient to inpatient status, without permission of the Court, 
but may not release a committed person without permission of the 
Court. 
"(e) If any person subject to a commitment proceeding initiated 
under this section does not have an attorney and cannot afford one, 
the Court shall appoint one to represent him. 
"SEC. 8. The provisions of this Act shall apply to chronic alcoholics 
w^ho have not been determined to be mentally ill. The handling of a 
chronic alcoholic who has been determined to be mentally ill shall be 
governed by the provisions of chapter 5 of title 21 of the District of 
D^c'c'oJe'21- 
Columbia Code. 
501! " ° ^ 
"SEC. 9. The Commissioner may contract w^ith any appropriate 
public or private agency, organization, or institution that has proper 
and adequate treatment facilities, programs, and personnel, in order 
to carry out the purposes of this Act. 
"SEC. 10. (a) The Commissioner shall be responsible for developing 
and maintaining, in cooperation with other District of Columbia 
agencies and departments, programs for the prevention and treatment 
of alcoholism and the rehabilitation of alcoholics among District of 
Columbia employees consistent with the intent of this Act. 
"(b) The Commissioner shall also be responsible for fostering 
alcoholism rehabilitation programs in private industry in the District 
of Columbia. 
"SEC. 11. The Commissioner shall be responsible for establishing 
and maintaining a program for the prevention and treatment of 
alcoholism and the rehabilitation of alcoholics in correctional institu-
tions in the District of Columbia. 
"SEC. 12. The Commissioner shall be responsible for establishing 
and maintaining, in cooperation with the schools, the police, the 
82 STAT. ] 
PUBLIC LAW 90-452-AUG. 3, 1968 
623 
courts, and other public agencies in the District of Columbia, an elfec-
tiv^e program for the prevention of intemperance and alcoholism, and 
the treatment and rehabilitation of incipient alcoholics, among 
juveniles and young adults. 
"SEC. 13. (a) The Commissioner shall maintain a continuing eval-
uation of his programs and shall conduct pilot and demonstration 
projects to improve his programs, and shall from time to time sub-
mit to the Congress such recommendations for programs for the Dis-
trict of Columbia to further the rehabilitation of chronic alcoholics, 
prevent the excessive and abusive use of alcoholic beverages, and 
promote moderation in the use of such beverages. 
"(b) The Commissioner shall prepare and publish materials, data, 
information, and statistics that relate to the problems of intoxication 
and alcoholism in the District of (Columbia and that may be used 
in a program of public education directed toward the prevention of 
the excessive and abusive use of alcoholic beverages. 
"(c) The Commissioner shall develop a comprehensive plan to im-
plement the objectives and policies of this Act, and in so doing shall 
consult and collaborate with appropriate public and private agen-
cies, institutions, and organizations m the District of Columbia, and 
with the Secretary of Health, Education, and Welfare. In develop-
ing such plan, the Commissioner shall make every effort to utilize 
funds, programs, and facilities authorized under Federal legislation. 
"SEC. 14. (a)(1) Except as otherwise provided in paragraph (2), 
if a person receives care, treatment, or any other services under this 
Act— 
" (A) such person (or his estate), and 
"(B) such person's father, mother, spouse, or adult children, 
shall be liable (each according to his ability, as determined by the 
Commissioner, and in the order listed above) to reimburse the District 
of Columbia, for all or such part of the actual cost of providing such 
services, as the Commissioner may require. The liability of any person 
described in subparagraph (B) of this paragraph shall be determined 
by the Commissioner after notice to such person that services have 
been or \\'\\\ be rendered under this Act and the Commissioner has 
found that such person is able to reimburse the District of Colum-
bia for all or a part of the cost of providing such services. Sucli person 
may not be held liable for the cost of any services rendered more than 
ninety days prior to the date of issue of such notice. The Commissioner 
shall determine the ability of the person who received services under 
this Act (or his estate) or his father, mother, spouse, or adult children, 
as the case may be, to reimburse the District of Columbia, by an exam-
ination conducted under oath. In any one case the Commissioner may 
conduct as many examinations as he determines are necessary to ascer-
tain the ability of such person (or his estate) or his relatives to so 
reimburse the District of Columbia. In the case of a person committed 
under section 7(a) of this Act, the Commissioner may conduct such 
examination at any time after a petition for such person's commitment 
is filed under such section; and in the case of a person committed under 
section 7(b) of this Act, such examination may be conducted by the 
Commissioner at any time after the court serves notice of the hearing 
to be conducted under paragraph (2) of such section. In all other 
cases the Commissioner may conduct an examination at any time. 
"(2) Any person described in subparagraph (B) of paragraph (1) 
who is liable to the District of Columbia under this section may apply 
to the Commissioner to have such liability w^aived. The Commissioner 
may waive such liability if he determines that it would be unreason-
able to impose such liability because of the desertion or neglect of 
such person b}^ the recipient of services under this Act or because of 
other factors similarly affecting the relationship between such person 
624 
PUBLIC LAW 90-453-AUG. 3, 1968 
[82 STAT. 
63 Stat. 135. 
D.C. Code 25-
111a. 
Repeal. 
D.C. Code 24-
514. 
Effective date. 
and such recipient. The Commissioner shall prescribe procedures for 
the filing and hearing of such application under this paragraph. 
"(b) The Commissioner may bring an action against a person made 
liable under subsection (a) for all or any part of the cost of services 
provided under this Act to require such person to satisfy such liability. 
In such an action the court may issue an order requiring any such 
person who is a party to such action to satisfy such liability in ac-
cordance with such terms as the court may prescribe. Such order may 
be enforced in the same manner as orders for alimony. 
"(c) Sums collected by the Commissioner under this section shall 
be deposited in the Treasury of the L^nited States to the credit of 
the District of Columbia. 
"SEC. 15. The Commissioner may accept on behalf of the District 
of Columbia donations of services or gifts of real or personal property, 
tangible or intangible, which are made for the purpose of carrying out 
his functions under this Act. Gifts of money and the proceeds from the 
liquidation of any other gift shall be deposited in the Treasury of the 
United States to the credit of a trust fund account, which is hereby 
authorized, and may be invested and reinvested as trust funds of the 
District of Columbia. The Commissioner shall use such donations and 
gifts to carry out the purposes of this Act." 
(b) Section 14 of such Act is amended by striking out "SEC. 14" 
and inserting in lieu thereof "SEC. 16". 
(c) Section 15 of such Act is repealed. 
SEC. 4. The amendments made by section 3 of this Act shall take 
effect on the ninetieth day following the date of its enactment. 
Approved August 3, 1968. 
August 3, 1968 
[S. 6] 
Public Law 90-453 
A.N ACT 
To authorize the Secretary of the Interior to construct, operate, and maintain 
the initial stage of the Oahe unit, James division, Missouri River Basin 
project. South Dakota, and for other purposes. 
Missouri River 
Basin project, 
S. Dak. 
Oahe unit. 
43 u s e 371 
and note. 
Recreation; fish 
and wildlife de-
velopment. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Secretary of 
the Interior is hereby authorized to construct, operate, and maintain 
in accordance with the Federal reclamation laws (Act of June 17,1902 
(32 Stat. 388), and Acts amendatory thereof or supplementary there-
to) the initial stage of the Oahe unit, James division, Missouri River 
Basin project. South Dakota, for the principal purposes of furnishing 
a surface irrigation water supply for approximately one hundred and 
ninety thousand acres of land, furnishing water for municipal and 
industrial uses, controlling floods, conserving and developing fish and 
wildlife resources, and enhancing outdoor recreation opportunities, 
and other purposes. The principal features of the initial stage of the 
Oahe unit shall consist of the Oahe pumping plant (designed to 
provide for future enlargement) to pump water from the Oahe 
Reservoir, a system of main canals, regulating reservoirs, and the 
James diversion dam and the James pumping plant on the James 
River. The remaining works will include appurtenant pumping plants, 
canals, and laterals for distributing water to the land, and a drainage 
system. 
SEC. 2. The conservation and development of the fish and wildlife 
resources and the enhancement of recreation opportunities in connec-
tion with the initial stage of the Oahe unit shall be in accordance with 
the provisions of the Federal Water Project Recreation Act (79 Stat.