An Act to amend title 18 of the United States Code to enable the courts to dead more effectively with the problem of narcotic addiction, and for other purposes
PL 89-793 (H.R.9167), enacted 11/08/1966

1438 
PUBLIC LAW 89-793-NOV. 8, 1966 
[80 STAT. 
November 8, 1966 
[H.R. 9167] 
Narcotic Addict 
Rehabilitation Act 
of 1966. 
Public Law 89-793 
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 hy 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 Rehabilita-
tion Act of 1966". 
DECLARATION OF POLICY 
SEC. 2. It is the policy of the Congress that certain persons charged 
with or convicted of violating Federal criminal laws, who are deter-
mined 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. 
It 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 nar-
cotic addiction. 
62 Stat. 869. 
68A Stat. 557; 
74 Stat. 57. 
26 u s e 4731. 
TITLE I—CIVIL COMMITMENT IN L I E U O F 
PROSECUTION 
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. 
"2902. 
Definitions. 
Discretionary authority of court; examination, report, and determination 
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. 
"§2901. Definitions 
"As used in this chapter— 
"(a) 'Addict' means any individual who habitually uses any nar-
cotic drug as defined by section 4731 of the Internal Revenue Code of 
1954, as ainended, 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 
62 Stat. 684. 
80 STAT.] 
PUBLIC LAW 89.793-NOV. 8, 1966 
1439 
as a felony, or an attempt or conspiracy to commit any of the fore-
going offenses. 
"(d) 'Treatment' includes confinement and treatment in an institu-
tion 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 and 
benefit the addict by correcting his antisocial tendencies and ending his 
dependence on addicting drugs and his susceptibility to addiction. 
"(e) '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. 
"(f) 'Conviction' and 'convicted' mean the final judgment on a 
verdict or finding of guilty, a plea of guilty, or a plea of nolo con-
tendere, but do not include a final judgment which has been expunged 
by pardon, reversed, set aside or otherwise rendered nugatory. 
"(g) 'Eligible individual' means any individual who is charged 
with an offense against the United States, but does not include— 
"(1) an individual charged with a crime of violence, 
" (2) an individual charged with unlawfully importing, selling, 
or conspiring to import or sell, a narcotic drug. 
"(3) an individual 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 individual on probation, 
parole, or mandatory release shall be included if the authority 
authorized to require his return to custody consents to his commit-
ment. 
"(4) an individual who has been convicted of a felony on two 
or more occasions. 
"(5) an individual who has been civilly committed under this 
Act, under the District of Columbia Code, or any State proceeding 
because of narcotic addiction on three or more occasions. 
"§2902. Discretionary authority of court; examination, report, 
and determination by court; termination of civil com-
mitment 
"(a) If the United States district court believes that an eligible 
individual is an addict, the court may advise him at his first appear-
ance or thereafter at the sole discretion of the court that the prosecu-
tion of the criminal charge will be held in abeyance if he elects to 
submit to an immediate examination to determine whether he is an 
addict and is likely to be rehabilitated through treatment. 
In offer-
ing an individual an election, the court shall advise him that if he 
elects to be examined, he will be confined during the examination for a 
period not to exceed sixty days; that if he is determined to be an addict 
who is likely to be rehabilitated, he will be civilly committed to the 
Surgeon General for treatment; that he may not voluntarily withdraw 
from the examination or any treatment which may follow; that the 
treatment may last for thirty-six months; that during treatment, he 
will be confined in an institution and, at the discretion of the Surgeon 
General, he may be conditionally released for supervised aftercare 
treatment in the community; and that if he successfully completes 
treatment the charge will be dismissed, but if he does not, prosecution 
on the charge will be resumed. 
An individual upon being advised 
1440 
PUBLIC LAW 89-793-NOV. 8, 1966 
[80 STAT. 
that he may elect to submit to an examination shall be permitted a 
maximum of five days within which to make his election. Except on 
a showing that a timely election could not have been made, an individ-
ual shall be barred from an election after the prescribed period. 
An 
individual who elects civil commitment shall be placed in the custody 
of the Attorney General or the Surgeon General, as the court directs, 
for an examination by the Surgeon General during a period not to 
exceed thirty dajs. 
This period may, upon notice to the court and the 
appropriate United States attorney, be extended by the Surgeon Gen-
eral for an additional thirty days. 
"(b) The Surgeon General shall report to the court the results of 
the examination and recommend whether the individual should be 
civilly committed. 
A copy of the report shall be made available to 
the individual and the United States attorney. 
If the court, acting 
on the report and other information coming to its attention, deter-
mines that the individual is not an addict or is an addict not likely to 
be rehabilitated through treatment, the individual shall be held to 
answer the abeyant charge. If the court determines that the individ-
ual is an addict and is likely to be rehabilitated through treatment, the 
court shall commit him to the custody of the Surgeon General for 
treatment, except that no individual shall be committed under this 
chapter if the Surgeon General certifies that adequate facilities or 
personnel for treatment are unavailable. 
"(c) Whenever an individual is committed to the custody of the 
Surgeon General for treatment under this chapter the criminal charge 
against him shall be continued without final disposition and shall be 
dismissed if the Surgeon General certifies to the court that the individ-
ual has successfully completed the treatment program. 
On receipt 
of such certification, the court shall discharge the individual from 
custody and dismiss the charge against him. 
If prior to such certifi-
cation the Surgeon General determines that the individual cannot be 
further treated as a medical problem, he shall advise the court. 
The 
court shall thereupon terminate the commitment, and the pending 
criminal proceeding shall be resumed. 
"(d) An individual committed for examination or treatment shall 
not be released on bail or on his own recognizance. 
"(e) Whoever escapes or attempts to escape while committed to 
institutional custody for examination or treatment, or whoever rescues 
or attempts to rescue or instigates, aids, or assists the escape or attempt 
to escape of such a person, shall be subject to the penalties provided in 
62 Stat. 734; 
sectlous 751 and 752 of title 18, United States Code. 
77 Stat. 834. 
' 
"§2903. Authority and responsibilities of the Surgeon General; 
institutional custody; aftercare; maximum period of 
civil commitment; credit toward sentence 
" (a) An individual who is committed to the custody of the Surgeon 
General for treatment under this chapter shall not be conditionally 
released from institutional custody until the Surgeon General deter-
mines that he has made sufficient progress to warrant release to a super-
visory aftercare authority. 
If the Surgeon General is unable to 
make such a determination at the expiration of twenty-four months 
after the commencement of institutional custody, he shall advise the 
court and the appropriate United States attorney whether treatment 
should be continued. The court may affirm the commitment or termin-
ate it and resume the pending criminal proceeding. 
" (b) An individual who is conditionally released from institutional 
custody shall, while on release, remain in the legal custody of the Sur-
geon General and shall report for such supervised aftercare treatment 
as the Surgeon General directs. He shall be subject to home visits 
80 STAT.] 
PUBLIC LAW 89-793-NOV. 8, 1966 
1441 
and to such physical examination and reasonable regulation of his 
conduct as the supervisory aftercare authority establishes, subject to 
the approval of the Surgeon General. The Surgeon General may, at 
any time, order a conditionally released individual to return for insti-
tutional treatment. 
The Surgeon General's order shall be a sufficient 
warrant for the supervisory aftercare authority, a probation officer, 
or any Federal officer authorized to serve criminal process within the 
United States to apprehend and return the individual to institutional 
custody as directed. If it is determined that an individual has re-
turned to the use of narcotics, the Surgeon General shall inform the 
court of the conditions under which the return occurred and make a 
recommendation as to whether treatment should be continued. 
The 
court may affirm the commitment or terminate it and resume the pend-
ing criminal proceeding. 
" (c) The total period of treatment for any individual committed to 
the custody of the Surgeon General shall not exceed thirty-six months. 
If, at the expiration of such maximum period, the Surgeon General is 
unable to certify that the individual has successfully completed his 
treatment program the pending criminal proceeding shall be resumed. 
"(d) Whenever a pending criminal proceeding against an individual 
is resumed under this chapter, he shall receive full credit toward the 
service of any sentence which may be imposed for any time spent in the 
institutional custody of the Surgeon General or the Attorney General 
or any other time spent in institutional custody in connection with the 
matter for which sentence is imposed. 
"§ 2904. Civil commitment not a conviction; use of test results 
"The determination of narcotic addiction and the subsequent civil 
commitment under this chapter shall not be deemed a criminal con-
viction. The results of any tests or procedures conducted by the Sur-
geon General or the supervisory aftercare authority to determine 
narcotic addiction may only be used in a further proceeding under this 
chapter. They shall not be used against the examined individual in 
any criminal proceeding except that the fact that he is a narcotic 
addict may be elicited on his cross-examination as bearing on his 
credibility as a witness. 
"§ 2905. Delegation of functions by Surgeon General; use of Fed-
eral, State, and private facilities 
"(a) The Surgeon General may from time to time make such pro-
vision as he deems appropriate authorizing the performance of any of 
his functions under this chapter by any other officer or employee of the 
Public Health Service, or with the consent of the head of the Depart-
ment or Agency concerned, by any Federal or other public or private 
agency or officer or employee thereof. 
"(b) The Surgeon General is authorized to enter into arrangements 
with any public or private agency or any person under which appro-
priate facilities or services of such agency or person will be made 
available, on a reimbursable basis or otherwise, for the examination or 
treatment of individuals who elect civil commitment under this 
chapter. 
"§ 2906. Absence of offer by the court to a defendant of an elec-
tion under section 2902(a) or any determination as to 
civil commitment, not reviewable on appeal or otherwise 
"The failure of a court to offer a defendant an election mider sec-
tion 2902(a) of this chapter, or a determination relative to civil com-
mitment under this chapter shall not be reviewable on appeal or 
otherwise." 
1442 
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. Definitions. 
"4252. Examination. 
"4253. Commitment. 
"4254. Conditional release. 
"4255. Supervision in the community. 
"§4251. Definitions 
"As used in this chapter— 
"(a) 'Addict' means any individual who habitually uses any nar-
cotic drug as defined by section 4731 of the Internal Revenue Code of 
68A Stat. 557; 
1954, as amended, so as to endanger the public morals, health, safety, 
'^26 usc^473i. 
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 pun-
ishable 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 institu-
tion 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 con-
tendere, 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 
Ante, p. 1438. 
80 STAT.] 
PUBLIC LAW 89.793-NOV. 8, 1966 
1443 
mandatory release shall be included if the authority authorized 
to require his return to custody consents to his commitment. 
" (4) an offender who has been convicted of a felony on two or 
more prior occasions. 
"(6) an offender who has been committed under title I of the 
Narcotic Addict Rehabilitation Act of 1966, under this chapter, 
under the District of Columbia Code, or under any State pro-
ceeding because of narcotic addiction on three or more occasions. 
"§4252. Examination 
"If the court believes that an eligible offender is an addict, it may 
place him in the custody of the Attorney General for an examination 
to determine whether he is an addict and is likely to be rehabilitated 
through treatment. 
The Attorney General shall report to the court 
within thirty days; or any additional period granted by the court, the 
results of such examination and make any recommendations he deems 
desirable. An offender shall receive full credit toward the service of 
his sentence for any time spent in custody for an examination. 
"§4253. Commitment 
" (a) Following the examination provided for in section 4252, if the 
court determines that an eligible offender is an addict and is likely to 
be rehabilitated through treatment, it shall commit him to the custody 
of the Attorney General for treatment under this chapter, except that 
no offender shall be committed under this chapter if the Attorney 
General certifies that adequate facilities or personnel for treatment 
are unavailable. 
Such commitment shall be for an indeterminate 
period of time not to exceed ten years, but in no event shall it exceed 
the maximum sentence that could otherwise have been imposed. 
" (b) If, following the examination provided for in section 4252, the 
court determines that an eligible offender is not an addict, or is an 
addict not likely to be rehabilitated through treatment, it shall impose 
such other sentence as may be authorized or required by law. 
"§ 4254. Conditional release 
"An offender committed under section 4253(a) may not be condi-
tionally released until he has been treated for six months following 
such commitment in an institution maintained or approved by the 
Attorney General for treatment. 
The Attorney General may then or 
at any time thereafter report to the Board of Parole whether the 
offender should be conditionally released under supervision. 
After 
receipt of the Attorney General's report, and certification from the 
Surgeon General of the Public Health Service that the offender has 
made sufficient progress to warrant his conditional release under super-
vision, the Board may in its discretion order such a release. In detar-
mining suitability for release, the Board may make any investigation 
it deems necessary. 
If the Board does not conditionally release the 
offender, or if a conditional release is revoked, the Board may there-
after grant a release on receipt of a further report from the Attorney 
General. 
"§ 4255. Supervision in the community 
"An offender who has been conditionally released shall be under the 
jurisdiction of the Board as if on parole under the established rules of 
the Board and shall remain, while conditionally released, in the legal 
custody of the Attorney General. 
The Attorney General may contract 
with any appropriate public or private agency or any person for super-
visory aftercare of a conditionally released offender. 
Upon receiving 
information that such an offender has violated his conditional release, 
the Board, or a member thereof, may issue and cause to be executed a 
1444 
PUBLIC LAW 89-793-NOV. 8, 1966 
[80 STAT. 
warrant for liis apprehension and return to custody. Upon return 
to custody, the offender shall be given an opportunity to appear before 
the Board, a member thereof, or an examiner designated by the Board, 
after which the Board may revoke the order of conditional release." 
TITLE III—CIVIL COMMITMENT OF PERSONS NOT 
CHARGED W I T H ANY CRIMINAL OFFENSE 
Definitions. 
gjjc. 301. For the purposes of this title, the term— 
(a) "Narcotic addict" means any individual who habitually 
uses any narcotic drug as defined by section 4731 of the Internal 
^l^stat. 557; 
Reveuue Code of 1954, as amended, so as to endanger the public 
26 use 4731. 
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) "Treatment" includes confinement and treatment in a hos-
pital of the Service and under supervised aftercare in the com-
munity and includes, but is not limited to, medical, educational, 
social, psychological, and vocational services, corrective and pre-
ventive guidance and training, and other rehabilitative services 
designed to protect the public and benefit the addict by correcting 
his antisocial tendencies and ending his dependence on addicting 
drugs and his susceptibility to addiction. 
(c) "Surgeon General" means the Surgeon General of the Pub-
lic Health Service. 
(d) "Hospital of the Service" means any hospital or other 
facility of the Public Health Service especially equipped for the 
accommodation of addicts, and any other appropriate public or 
private hospital or other facility available to the Surgeon General 
for the care and treatment of addicts. 
(e) "Patient" means any person with respect to whom a peti-
tion has been filed by a United States attorney as provided under 
subsection (b) of section 302 of this title. 
(f) "Posthospitalization program" shall mean any program 
providing for the treatment and supervision of a person estab-
lished by the Surgeon General pursuant to section 307 of this title. 
(g) "State" includes the District of Columbia and the Com-
monwealth of Puerto Rico. 
(h) "United States" includes the Commonwealth of Puerto 
Rico. 
(i) "Related individual" means any person with whom the 
alleged narcotic addict may reside or at whose house he may be, 
or the husband or wife, father or mother, brother or sister, or the 
child or the nearest available relative of the alleged narcotic 
addict. 
trJllml^t" ^""^ 
^^^' ^^^' (^^ Except as otherwise provided in section 311 of this 
re 
a men . 
title, wlieuever any narcotic addict desires to obtain treatment for his 
addiction, or whenever a related individual has reason to believe that 
any person is a narcotic addict, such addict or related individual may 
file a petition with the United States attorney for the district in which 
such addict or person resides or is found requesting that such addict or 
person be admitted to a hospital of the Service for treatment of his 
addiction. 
Any such petition filed by a narcotic addict shall set forth 
his name and address and the facts relating to his addiction. 
Any 
such petition filed by a related individual with respect to a person 
believed by such individual to be a narcotic addict shall set forth the 
name and address of the alleged narcotic addict and the facts or other 
data on which the petitioner bases his belief that the person with 
respect to whom the petition is filed is a narcotic addict. 
80 STAT.] 
PUBLIC LAW 89-793-NOV. 8, 1966 
1445 
(b) After considering such petition, the United States attorney 
commitment. 
shall, if he determines that there is reasonable cause to believe that 
the person named in such petition is a narcotic addict, and that appro-
priate State or other facilities are not available to such person, file a 
petition with the United States district court to commit such person 
to a hospital of the Service for treatment as provided in this title. In 
making his determination with respect to the nonavailability of such 
facilities, the United States attorney shall consult with the Surgeon 
General, and other appropriate State or local officials. 
(c) Upon the filing of any such petition by a United States attorney, 
Examination of 
the court may order the patient to appear before it for an examination P^'^^"*-
by physicians as provided under section 303 of this title and for a hear-
ing, if required, under section 304 of this title. The court shall cause 
a copy of such petition and order to be served personally upon the 
patient by a United States marshal. 
SEC. 303. The court shall immediately advise any patient appearing ^ ^^^^l *° ''°""' 
before it pursuant to an order issued under subsection (c) of section ^^ ' ^ ''• 
302 of his right to have (1) counsel at every stage of the judicial pro-
ceedings under this title and that, if he is unable because of financial 
reasons to obtain counsel, the court will, at the patient's request, assign 
counsel to represent him; and (2) present for consultation during any 
examination conducted under this section, a qualified physician re-
tained by such patient, but in no event shall such physician be entitled 
to participate in any such examination or in the making of any report 
r^uired under this section with respect to such examination. 
The 
court shall also advise such patient that if, after an examination and 
hearing as provided in this title, he is found to be a narcotic addict who 
is likely to be rehabilitated through treatment, he will be civilly com-
mitted to the Surgeon General for treatment; that he may not volun-
tarily withdraw from such treatment; that the treatment (including 
posthospitalization treatment and supervision) may last forty-two 
months; that during treatment he will be confined in an institution; 
that for a period of three years following his release from confinement 
he will be under the care and custody of the Surgeon General for treat-
ment and supervision under a posthospitalization program established 
by the Surgeon General; and that should he fail or refuse to cooperate 
in such posthospitalization program or be determined by the Surgeon 
General to have relapsed to the use of narcotic drugs, he may be 
recommitted for additional confinement in an institution followed 
by additional posthospitalization treatment and supervision. After so 
advising the patient, the court shall appoint two qualified physicians, 
one of whom shall be a psychiatrist, to examine the patient. For the 
"
^ 
purpose of the examination, the court may order the patient committed 
for such reasonable period as it shall determine, not to exceed thirty 
days, to the custody of the Surgeon General for confinement in a suit-
able hospital or other facility designated by the court. Each physician 
appointed by the court shall, within such period so determined by the 
court, examine the patient and file with the court, a written report 
with respect to such examination. Each such report shall include a 
statement of the examining physician's conclusions as to whether the 
patient examined is a narcotic addict and is likely to be rehabilitated 
through treatment. Upon the filing of such reports, the patient so 
examined shall be returned to the court for such further proceedings 
as it may direct under this title. Copies of such reports shall be made 
available to the patient and his counsel. 
1446 
PUBLIC LAW 89-793-NOV. 8, 1966 
[80 STAT. 
Hearing, 
Judicial review. 
62 Stat. 
929. 
928, 
Witness fees. 
Commitment by 
court order. 
Release. 
Posthospitaliza-
tion treatment. 
Recommenda-
tions of Surgeon-
General. 
SEC. 304. (a) If both examining physicians (referred to in section 
303) conclude in their respective written reports that the patient is not 
a narcotic addict, or is an addict not likely to be rehabilitated through 
treatment, the court shall immediately enter an order discharging the 
patient and dismissing the proceedings under this title. If the written 
report of either such physician indicates that the patient is a narcotic 
addict who is likely to be rehabilitated through treatment, or that the 
physician submitting the report is unable to reach any conclusion by 
reason of the refusal of the patient to submit to a thorough examina-
tion, the court shall promptly set the case for hearing. The court shall 
cause a written notice of the time and place of such hearing to be served 
personally upon the patient and his attorney. Such notice shall also 
inform the patient that upon demand made by him within fifteen days 
after he has been served, he shall be entitled to have all issues of fact 
with respect to his alleged narcotic addiction determined by a jury. 
If no timely demand for a jury is made, the court, in conducting such 
hearing, shall determine all issues of fact without a jury. 
(b) In conducting any hearing under this title, the court shall 
receive and consider all relevant evidence and testimony which may 
be offered, including the contents of the reports referred to in section 
303. Any patient with respect to whom a hearing is held under this 
title shall be entitled to testify and to present and cross-examine wit-
nesses. All final orders of commitment under this title shall be subject 
to review in conformity with the provisions of sections 1254 and 1291 
of title 28 of the United States Code. 
(c) Any patient with respect to whom a hearing has been set under 
this title may be detained by the court for a reasonable period of time 
in a suitable hospital or other facility designated by the court until 
after such hearing has been concluded. 
(d) Witnesses subpenaed by either party under the provisions of 
this title shall be paid the same fees and mileage as are paid to other 
witnesses in the courts of the United States. 
SEC. 305. If the court determines after a hearing that such patient 
is a narcotic addict who is likely to be rehabilitated through treatment, 
the court shall order him committed to the care and custody of the 
Surgeon General for treatment in a hospital of the Service. 
The 
Surgeon General shall submit to the court written reports with respect 
to such patient at such times as the court may direct. Such reports 
shall include information as to the health and general condition of the 
patient, together with the recommendations of the Surgeon General 
concerning the continued confinement of such patient. 
SEC. 306. Any patient conmiitted to the care and custody of the Sur-
geon General pursuant to section 305 of this title shall be committed 
for a period of six months, and shall be subject to such posthospitali-
zation program as may be established pursuant to section 307 of this 
title; except that such patient may be released from confinement by the 
Surgeon General at any time prior to the expiration of such six-month 
period if the Surgeon General determines that the patient has been 
cured of his drug addiction and rehabilitated, or that his continued con-
finement is no longer necessary or desirable. 
SEC. 307. (a) Whenever any patient under the care and custody of 
the Surgeon General pursuant to this title is to be released from con-
finement in accordance with the provisions thereof, the Surgeon Gen-
eral shall give notice of such pending release to the committing court 
within ten days prior thereto and shall, at the time of the patient's 
80 STAT.] 
PUBLIC LAW 89-793-NOV. 8, 1966 
1447 
release, promptly return him to that court. The court, after consider-
ing the recommendations of the Surgeon General with respect to post-
hospitalization treatment for any such patient so returned, may place 
such patient under the care and custody of the Surgeon General for 
the three-year period immediately following the patient's release, for 
treatment and supervision under such posthospitalization program as 
the Surgeon General may direct. 
(b) If, at any time during such three-year period, any patient (1) 
fails or refuses to comply with the directions and orders of the Sur-
geon General in connection with such patient's posthospitalization 
treatment and supervision, or (2) is determined by the Surgeon Gen-
eral to be again using narcotic drugs, the Surgeon General may order 
such patient's immediate return to the committing court which may 
recommit such patient to a hospital of the Service for additional treat-
ment for a period of not to exceed six months, and may require such 
patient thereafter to submit to a posthospitalization program in ac-
cordance with subsection (a) of this section. 
SEC. 308. The court, upon the petition of any patient after his ^fg^'/°" ^^ 
confinement pursuant to this title for a period in excess of three months, 
shall inquire into the health and general condition of the patient and 
as to the necessity, if any, for his continued confinement. If the court 
finds, with or without a hearing, that his continued confinement is no 
longer necessary or desirable, it shall order the patient released from 
confinement and returned to the court. The court may, with respect to 
any such patient so returned, place such patient under a posthospital-
ization program in accordance with the provisions of subsection (a) of 
section 307 of this title. 
SEC. 309. Any determination by the court pursuant to this title that 
a patient is a narcotic addict shall not be deemed a criminal conviction, 
nor shall such patient be denominated a criminal by reason of that 
determination. The results of any hearing, examination, test, or pro-
cedure to determine narcotic addiction of any patient under this title 
shall not be used against such patient in any criminal proceeding. 
SEC. 310. Any physician conducting an examination under this title eiiabfi'^idrne'sT' 
shall be a competent and compellable witness at any hearing or other 
proceeding conducted pursuant to this title and the physician-patient 
privilege shall not be applicable. 
SEC. 311. The provisions of this title shall not be applicable with 
respect to any person against whom there is pending a criminal charge, 
whether by indictment or by information, which has not been fully de-
termined or who is on probation or whose sentence following convic-
tion on such a charge, including any time on parole or mandatory 
release, has not been fully served, except that such provision shall be 
applicable to any such person on probation, parole, or mandatory re-
lease if the authority authorized to require his return to custody con-
sents to his commitment. 
SEC. 312. Notwithstanding any other provision of this title, no 
patient shall be commit<^ed to a hospital of the Service under this title 
if the Surgeon General certifies that adequate facilities or personnel 
for treatment of such patient are unavailable. 
SEC. 313. Physicians appointed by the court to examine any person sicfrni"ind coui^-
pursuant to this title and counsel assigned by the court to represent any 
person in judicial proceedings under this title shall be entitled to rea-
sonable compensation, in an amount to be determined by the court, to 
sel, compensa» 
tion. 
1448 
PUBLIC LAW 89-793-NOV. 8, 1966 
[80 STAT. 
Delegation of 
functions. 
Penalties. 
62 Stat. 734; 
77 Stat. 834. 
62 Stat. 749. 
Post, p. 1449. 
Appropriation. 
be paid, upon order of the court, out of such funds as may be provided 
by law. 
SEC. 314. (a) The Surgeon General may from time to time make 
such provisions as he deems appropriate authorizing the performance 
of any of his functions under this title by any other officer or employee 
of the Public Health Service, or with the consent of the head of the 
Department or Agency concerned, by any Federal or other public or 
private agency or officer or employee thereof. 
(b) The Surgeon General is authorized to enter into arrangements 
with any public or private agency or any person under which appropri-
ate facilities or services of such agency or person will be made avail-
able, on a reimbursable basis or otherwise, for the examination or 
treatment of individuals pursuant to the provisions of this title. 
SEC. 315. Whoever escapes or attempts to escape while committed 
to institutional custody for examination or treatment under this title, 
or whoever rescues or attempts to rescue or instigates, aids, or assists 
the escape or attempt to escape of such a person, shall be subject to the 
penalties provided in sections 751 and 752 of title 18, United States 
Code. 
SEC. 316. Any person who knowingly makes any false statement to 
the United States attorney in any petition under section 302 (a) of this 
title shall be subject to the penalty prescribed in section 1001 of title 
18, United States Code. 
TITLE IV—REHABILITATION AND POSTHOSPITALIZA-
TION CARE PROGRAMS AND ASSISTANCE TO STATES 
AND LOCALITIES 
SEC. 401. The Surgeon General is authorized to establish, as an 
integral part of the program of treatment for narcotic addiction au-
thorized by section 341 of the Public Health Service Act, outpatient 
services to (1) provide guidance and give psychological help and 
supervision to patients and other individuals released from hospitals 
of the Service after treatment for narcotic drug addiction, utilizing 
all available resources of local, public and private agencies, and (2) 
assist States and municipalities in developing treatment programs and 
facilities for individuals so addicted, including posthospitalization 
treatment programs and facilities for the care and supervision of nar-
cotic addicts released after confinement under this or any other Act 
providing for treatment of drug addiction. 
The Surgeon General 
shall take into consideration in supplying such services the extent of 
drug addiction in the various States and political subdivisions thereof 
and the willingness of such States and subdivisions to cooperate in 
developing a sound program for the care, treatment, and rehabilita-
tion of narcotic addicts. 
SEC. 402. (a) There are hereby authorized to be appropriated for 
the fiscal year beginning July 1, 1966, and for the succeeding fiscal 
year, the sum of $15,000,000 to enable the Surgeon General (1) to 
make grants to States and political subdivisions thereof and to private 
organizations and institutions (A) for the development of field testing 
and demonstration programs for the treatment of narcotic addiction, 
(B) for the development of specialized training programs or materials 
relating to the provision of public health services for the treatment of 
narcotic addiction, or the development of in-service training or short-
80 STAT.] 
PUBLIC LAW 89.793-NOV. 8, 1966 
1449 
term or refresher courses with respect to the provision of such services, 
(C) for training personnel to operate, supervise, and administer such 
services, and (D) for the conducting of surveys evaluating the ade-
quacy of the programs for the treatment of narcotic addiction within 
the several States with a view to determining ways and means of im-
proving, extending, and expanding such programs; and (2) to enter 
into jointly financed cooperative arrangements with State and local 
governments and public and private organizations and institutions 
with a view toward the developing, constructing, operating, staffing, 
and maintaining of treatment centers and facilities (including post-
hospitalization treatment centers and facilities) for narcotic addicts 
within the States. 
(b) Payments under this section may be made in advance or by way 
of reimbursement, as determined by the Surgeon General, and shall be 
made on such conditions as the Surgeon General determines to be neces-
sary to carry out the purposes of this title. 
(c) The Surgeon General is authorized to issue appropriate rules 
and regulations to carry out the provisions of this title. 
TITLE V—SENTENCING A F T E E CONVICTION FOR VIOLA-
TION OF LAW RELATING TO NARCOTIC DRUGS OR 
MARIHUANA 
SEC. 501. Section 7237(d) of the Internal Revenue Code of 1954, as 
^o sta^ 568^ 
amended, is amended to read as follows: 
"(d) 
No 
SUSPENSION OF SENTENCE; No 
PROBATION; ETC.—Upon 
conviction— 
"(1) of any offense the penalty for which is provided in sub-
section (b) of this section, subsection (c), (h), or (i) of section 2 
of the Narcotic Drugs Import, and Export Act, as amended, or ^^'^^ ^
*
^
*
* ^^°' 
such Act of July 11,1941, as amended, or 
21 use 174, i76a, 
" (2) of any offense the penalty for which is provided in subsec- i^^b. 
tion (a) of this section, if it is the offender's second or subsequent ro^stat^ 571.^' 
offense, 
21 use i84a. 
the imposition or execution of sentence shall not be suspended, proba-
tion shall not be granted and in the case of a violation of a law relating 
to narcotic drugs, section 4202 of title 18, United States Code, and the ^s stat, iso. 
Act of July 15, 1932 (47 Stat. 696; D.C. Code 24r-201 and following), 
as amended, shall not apply." 
SEC. 502. The Board of Parole is hereby directed to review the sen- ^e^°eZ\fs^n-°^^' 
tence of any prisoner who, before the enactment of this Act, was made tence^.° 
ineligible for parole by section 7237(d) of the Internal Revenue Code 
of 1954, as amended, and who was convicted of a violation of a law 
relating to marihuana. After conducting such review the Board of 
Parole may authorize the release of such prisoner on parole pursuant 
to section 4202 of title 18, United States Code. Action taken by the 
Board of Parole under this section shall not cause any prisoner to 
serve a longer term than would be served under his original sentence. 
TITLE VI—MISCELLANEOUS PROVISIONS 
SEC. 601. Section 341 of the Public Health Service Act, as amended 
^^'^ ^"'^ "•^^*" 
(42 U.S.C. § 257), is amended to read as follows: 
"" sT stat. 698; 
"SEC. 341. (a) The Surgeon General is authorized to provide for ^^ stat. so; 
the confinement, care, protection, treatment, and discipline of persons ^° ^'^*' ^^^' 
addicted to the use of habit-forming narcotic drugs who are civilly 
committed to treatment or convicted of offenses against the United 
States and sentenced to treatment under the Narcotic Addict Reliabili-
tation Act of 1966, addicts who are committed to the custody of tJie 
1450 
PUBLIC LAW 89-793-NOV. 8, 1966 
[80 STAT. 
64 Stat. 1085. 
18 u s e 5005-
S026. 
Separability. 
Effective dates. 
Post, p. 1610. 
Appropriation. 
Attorney General pursuant to the provisions of the Federal Youth 
Corrections Act (chapter 402 of title 18 of the United States Code), 
addicts who voluntarily submit themselves for treatment, and addicts 
convicted of offenses against the United States and who are not sen-
tenced to treatment under the Narcotic Addict Rehabilitation Act of 
1966, including persons convicted by general courts-martial and con-
sular courts. Such care and treatment shall be provided at hospitals 
of the Service especially equipped for the accommodation of such pa-
tients or elsewhere where authorized under other provisions of law, 
and shall be designed to rehabilitate such persons, to restore them to 
health, and, where necessary, to train them to be self-supporting and 
self-reliant; but nothing in this section or in this part shall be con-
strued to limit the authority of the Surgeon General under other pro-
visions of law to provide for the conditional release of patients and for 
aftercare under supervision. 
" (b) Upon the admittance to, and departure from, a hospital of tlie 
Service of a person who voluntarily submitted himself for treatment 
pursuant to the provisions of this section, and who at the time of his 
admittance to such hospital was a resident of the District of Columbia, 
the Surgeon General shall furnish to the Commissioners of the District 
of Columbia or their designated agent, the name, address, and such 
other pertinent information as may be useful in the rehabilitation to 
society of such person." 
SEC. 602. The Surgeon General and the Attorney General are au-
thorized to give representatives of States and local subdivisions thereof 
the benefit of their experience in the care, treatment, and rehabilita-
tion of narcotic addicts so that each State may be encouraged to 
provide adequate facilities and personnel for the care and treatment 
of narcotic addicts in its jurisdiction. 
SEC. 603. The table of contents to "PART III.—PRISONS AND PRIS-
ONERS" of title 18, United States Code, is amended by inserting after 
*'313. Mental defectives 
4241" 
a new chapter reference as follows: 
".'il4. Xarcotic addicts 
42."»r'. 
and the table of contents to "PART VI.—PARTICULAR PROCEKDIN<IS" of 
title 28, United States Code, is amended by inserting after 
"173. Attachment in ix>stal suits 
2710" 
a new chapter reference as follows: 
"175. Civil commitment and rehabilitation of narcotic addicts 
2901". 
SEC. 604. If any provision of this Act or the application thereof to 
any person or circumstance is held invalid, the remainder of the Act 
and the application of such provision to other persons not similarly 
situated or to other circumstances shall not be affected thereby. 
SEC. 605. Title I of this Act shall take effect three months after the 
date of its enactment, and shall apply to any case pending in a district 
court of the United States in which an appearance has not been made 
prior to such effective date. Titles I I and V of this Act shall take 
effect three months after the date of its enactment and shall apply to 
any case pending in any court of the United States in which sentence 
has not yet been imposed as of such effective date. Title I I I of this 
Act shall take effect three months after the date of its enactment. 
SEC. 606. The provisions of this Act shall be subject to the provisions 
of Reorganization Plan No. 3 of 1966. 
SEC. 607. There are authorized to be appropriated such sums as are 
necessary to carry out the provisions of this Act. 
Approved November 8, 1966.