
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: 42USC260a]

 
                 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. 260a. Admission of addicts committed from District of 
        Columbia
        

(a) Conditions

    The Surgeon General is authorized to admit for care and treatment in 
any hospital of the Service suitably equipped therefor, and thereafter 
to transfer between hospitals of the Service in accordance with section 
248(b) of this title, any addict, who is committed, under the provisions 
of the Act of June 24, 1953 (Public Law 76, Eighty-third Congress) [D.C. 
Code, Sec. 24-601 et seq.], to the Service or to a hospital thereof for 
care and treatment and who the Surgeon General determines is a proper 
subject for such care and treatment. No such addict shall be admitted 
unless (1) committed prior to July 1, 1958; (2) at the time of 
commitment, the number of persons in hospitals of the Service who have 
been admitted pursuant to this subsection is less than one hundred; and 
(3) suitable accommodations are available after all eligible addicts 
convicted of offenses against the United States have been admitted.

(b) Discharge from hospitals; notice; delivery to court

    Any person admitted to a hospital of the Service pursuant to 
subsection (a) of this section shall be discharged therefrom (1) upon 
order of the Superior Court of the District of Columbia, or (2) when he 
is found by the Surgeon General to be cured and rehabilitated. When any 
such person is so discharged, the Surgeon General shall give notice 
thereof to the Superior Court of the District of Columbia and shall 
deliver such person to such court for such further action as such court 
may deem necessary and proper under the provisions of the Act of June 
24, 1953 (Public Law 76, Eighty-third Congress) [D.C. Code, Sec. 24-601 
et seq.].

(c) Authority of Surgeon General and other officers

    With respect to the detention, transfer, parole, or discharge of any 
person committed to a hospital of the Service in accordance with 
subsection (a) of this section, the Surgeon General and the officer in 
charge of the hospital, in addition to authority otherwise vested in 
them, shall have such authority as may be conferred upon them, 
respectively, by the order of the committing court.

(d) Payment of costs; determination; disposition of moneys; availability 
        of appropriations

    The cost of providing care and treatment for persons admitted to a 
hospital of the Service pursuant to subsection (a) of this section shall 
be a charge upon the District of Columbia and shall be paid by the 
District of Columbia to the Public Health Service, either in advance or 
otherwise, as may be determined by the Surgeon General. Such cost may be 
determined for each addict or on the basis of rates established for all 
or particular classes of patients, and shall include the cost of 
transportation to and from facilities of the Public Health Service. 
Moneys so paid to the Public Health Service shall be covered into the 
Treasury of the United States as miscellaneous receipts. Appropriations 
available for the care and treatment of addicts admitted to a hospital 
of the Service under this section shall be available, subject to 
regulations, for paying the cost of transportation to the District of 
Columbia, including subsistence allowance while traveling, for any such 
addict who is discharged.

(July 1, 1944, ch. 373, title III, Sec. 345, as added May 8, 1954, ch. 
195, Sec. 2, 68 Stat. 79; amended July 24, 1956, ch. 676, title III, 
Sec. 302(c), 70 Stat. 622; Pub. L. 91-358, title I, Sec. 155(c)(32), 
July 29, 1970, 84 Stat. 572.)

                       References in Text

    Act of June 24, 1953 (Public Law 76, Eighty-third Congress), 
referred to in subsecs. (a) and (b), is act June 24, 1953, ch. 149, 67 
Stat. 77, as amended, which appears in chapter 6 (Sec. 24-601 et seq.) 
of Title 24, Prisoners and Their Treatment, of the District of Columbia 
Code.

                          Codification

    Section is also set out in D.C. Code, Sec. 24-614.


                               Amendments

    1970--Subsec. (b). Pub. L. 91-358 substituted ``Superior Court of 
the District of Columbia'' for ``United States District Court for the 
District of Columbia'' in two places.
    1956--Subsec. (a). Act July 24, 1956, substituted ``July 1, 1958'' 
for ``July 1, 1956'', and ``one hundred'' for ``fifty''.


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-358 effective first day of seventh calendar 
month which begins after July 29, 1970, see section 199(a) of Pub. L. 
91-358, set out as a note under section 1257 of Title 28, Judiciary and 
Judicial 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.


                         Declaration of Purpose

    With respect to enactment of this section and section 261a of this 
title, and amendment of section 257 of this title, section 1 of act May 
8, 1954, as amended by act July 24, 1956, Sec. 303, provided: ``In order 
to afford the District of Columbia the facilities required to carry out 
the Act of June 24, 1953 (Public Law 76, Eighty-third Congress), as 
amended [D.C. code, Secs. 24-601 et seq.], and to help it meet its 
responsibility for the detention, care, and treatment of noncriminal 
narcotic addicts, it is hereby declared to be the purpose of this Act to 
authorize the limited use of suitable Public Health Service facilities 
at the expense of the District of Columbia for such detention, care, and 
treatment.''
