
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-310 Section 3405(a)]
[CITE: 42USC259]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
             Part E--Narcotic Addicts and Other Drug Abusers
 
Sec. 259. Convict addicts or other persons with drug abuse or 
        drug dependence problems
        

(a) Transfers to and from hospitals; duty of prosecuting officers to 
        report convicted persons believed to be addicts

    The authority vested with the power to designate the place of 
confinement of a prisoner shall transfer to hospitals of the Service 
especially equipped for the accommodation of addicts or other persons 
with drug abuse and drug dependence problems, if accommodations are 
available, all addicts or other persons with drug abuse and drug 
dependence problems who have been or are hereafter sentenced to 
confinement, or who are now or shall hereafter be confined, in any 
penal, correctional, disciplinary, or reformatory institution of the 
United States, including those addicts or other persons with drug abuse 
and drug dependence problems convicted of offenses against the United 
States who are confined in State and Territorial prisons, 
penitentiaries, and reformatories, except that no addict or other person 
with a drug abuse or other drug dependence problem shall be transferred 
to a hospital of the Service who, in the opinion of the officer 
authorized to direct the transfer, is not a proper subject for 
confinement in such an institution either because of the nature of the 
crime he has committed or because of his apparent incorrigibility. The 
authority vested with the power to designate the place of confinement of 
a prisoner shall transfer from a hospital of the Service to the 
institution from which he was received, or to such other institution as 
may be designated by the proper authority, any addict or other person 
with a drug abuse or other drug dependence problem whose presence at a 
hospital of the Service is detrimental to the well-being of the hospital 
or who does not continue to be a narcotic addict or other person with a 
drug abuse or other drug dependence problem. All transfers of such 
prisoners to or from a hospital of the Service shall be accompanied by 
necessary attendants as directed by the officer in charge of such 
hospital and the actual and necessary expenses incident to such 
transfers shall be paid from the appropriation for the maintenance of 
such Service hospital except to the extent that other Federal agencies 
are authorized or required by law to pay expenses incident to such 
transfers. When sentence is pronounced against any person whom the 
prosecuting officer believes to be an addict or other person with a drug 
abuse or other drug dependence problem, such officer shall report to the 
authority vested with the power to designate the place of confinement, 
the name of such person, the reasons for his belief, all pertinent facts 
bearing on such addiction, drug abuse, or drug dependence, and the 
nature of the offense committed. Whenever an alien addict or other 
person with a drug abuse or other drug dependence problem transferred to 
a Service hospital pursuant to this subsection is entitled to his 
discharge but is subject to deportation, in lieu of being returned to 
the penal institution from which he came he shall be deported by the 
authority vested by law with power over deportation.

(b) Repealed. Pub. L. 92-293, Sec. 3, May 11, 1972, 86 Stat. 136

(c) Discharge; further treatment

    Not later than one month prior to the expiration of the sentence of 
any addict or other person with a drug abuse or other drug dependence 
problem confined in a Service hospital, he shall be examined by the 
Surgeon General or his authorized representative. If the Surgeon General 
believes the person to be discharged is still an addict or other person 
with a drug abuse or other drug dependence problem and that he may by 
further treatment in a Service hospital be cured of his addiction, drug 
abuse, or drug dependence, the addict or other person with a drug abuse 
or other drug dependence problem shall be informed, in accordance with 
regulations, of the advisability of his submitting himself to further 
treatment. The addict or other person with a drug abuse or other drug 
dependence problem may then apply in writing to the Surgeon General for 
further treatment in a Service hospital for a period not exceeding the 
maximum length of time considered necessary by the Surgeon General. Upon 
approval of the application by the Surgeon General or his authorized 
agent, the addict or other person with a drug abuse or other drug 
dependence problem may be given such further treatment as is necessary 
to cure him of his addiction, drug abuse, or drug dependence.

(d) Gratuities and transportation furnished upon discharge or release on 
        parole or supervised release

    Every person convicted of an offense against the United States, upon 
discharge, or upon release on parole or supervised release, from a 
hospital of the Service, shall be furnished with the gratuities and 
transportation authorized by law to be furnished to prisoners upon 
release from a penal, correctional, disciplinary, or reformatory 
institution.

(e) Admission of probationers to hospitals for treatment

    Any court of the United States having the power to suspend the 
imposition or execution of sentence and to place a defendant on 
probation under any existing laws may impose as one of the conditions of 
such probation that the defendant, if an addict or other person with a 
drug abuse or other drug dependence problem, shall submit himself for 
treatment at a hospital of the Service especially equipped for the 
accommodation of addicts or other persons with drug abuse and drug 
dependence problems until discharged therefrom as cured and that he 
shall be admitted thereto for such purpose. Upon the discharge of any 
such probationer from a hospital of the Service, he shall be furnished 
with the gratuities and transportation authorized by law to be furnished 
to prisoners upon release from a penal, correctional, disciplinary, or 
reformatory institution. The actual and necessary expense incident to 
transporting such probationer to such hospital and to furnishing such 
transportation and gratuities shall be paid from the appropriation for 
the maintenance of such hospital except to the extent that other Federal 
agencies are authorized or required by law to pay the cost of such 
transportation: Provided, That where existing law vests a discretion in 
any officer as to the place to which transportation shall be furnished 
or as to the amount of clothing and gratuities to be furnished, such 
discretion shall be exercised by the Surgeon General with respect to 
addicts or other persons with drug abuse and drug dependence problems 
discharged from hospitals of the Service.

(July 1, 1944, ch. 373, title III, Sec. 343, 58 Stat. 699; Pub. L. 91-
513, title I, Sec. 2(a)(2)(A), (3), (4), Oct. 27, 1970, 84 Stat. 1240; 
Pub. L. 92-293, Sec. 3, May 11, 1972, 86 Stat. 136; Pub. L. 98-473, 
title II, Sec. 232(b), Oct. 12, 1984, 98 Stat. 2031.)


                               Amendments

    1984--Subsec. (d). Pub. L. 98-473 inserted ``or supervised release'' 
after ``parole''.
    1972--Subsec. (b). Pub. L. 92-293 struck out subsec. (b) which 
provided for application of sections 710 to 712a, 714 to 723c and 744h 
of title 18 to narcotic addicts and persons with drug abuse and drug 
dependence problems.
    1970--Pub. L. 91-513 extended section to cover drug abuse or drug 
dependence and to cover persons with drug abuse or drug dependence 
problems.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable 
only to offenses committed after the taking effect of such amendment, 
see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date 
note under section 3551 of Title 18, Crimes and Criminal Procedure.

                          Transfer of Functions

    Functions of Public Health Service, Surgeon General of Public Health 
Service, and all other officers and employees of Public Health Service, 
and functions of all agencies of or in Public Health Service transferred 
to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 
1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note 
under section 202 of this title. Secretary of Health, Education, and 
Welfare redesignated Secretary of Health and Human Services by section 
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 
20, Education.


                            Cross References

    Discharge from prison, transportation, clothing and money issued, 
see section 4281 of Title 18, Crimes and Criminal Procedure.

                  Section Referred to in Other Sections

    This section is referred to in title 8 section 1231.
