
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(b)]
[CITE: 42USC3411]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 42--NARCOTIC ADDICT REHABILITATION
 
SUBCHAPTER II--CIVIL COMMITMENT OF PERSONS NOT CHARGED WITH ANY CRIMINAL 
                                 OFFENSE
 
Sec. 3411. Definitions

    For the purposes of this subchapter the term--
        (a) ``Narcotic addict'' means any individual who habitually uses 
    any narcotic drug as defined in section 802(16) \1\ of title 21, 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.
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    \1\ See References in Text note below.
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        (b) ``Treatment'' includes confinement and treatment in a 
    hospital of the Service 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 eliminating 
    his dependence on addicting drugs, or by controlling his dependence, 
    and his susceptibility to addiction.
        (c) ``Surgeon General'' means the Surgeon General of the Public 
    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 petition 
    has been filed by a United States attorney as provided under 
    subsection (b) of section 3412 of this title.
        (f) ``Posthospitalization program'' shall mean any program 
    providing for the treatment and supervision of a person established 
    by the Surgeon General pursuant to section 3417 of this title.
        (g) ``State'' includes the District of Columbia and the 
    Commonwealth 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.

(Pub. L. 89-793, title III, Sec. 301, Nov. 8, 1966, 80 Stat. 1444; Pub. 
L. 91-513, title III, Sec. 1102(p), Oct. 27, 1970, 84 Stat. 1293; Pub. 
L. 92-420, Sec. 4, Sept. 16, 1972, 86 Stat. 677.)

                       References in Text

    Section 802(16) of title 21, referred to in subsec. (a), was 
redesignated section 802(17) of title 21 by Pub. L. 98-473, title II, 
Sec. 507(a), Oct. 12, 1984, 98 Stat. 2071.


                               Amendments

    1972--Subsec. (b). Pub. L. 92-420 substituted ``by eliminating his 
dependence on addicting drugs, or by controlling his dependence,'' for 
``by correcting his antisocial tendencies and ending his dependence on 
addicting drugs''.
    1970--Subsec. (a). Pub. L. 91-513 substituted ``as defined in 
section 802(16) of title 21'' for ``as defined by section 4731 of title 
26''.


                    Effective Date of 1972 Amendment

    Amendment of subsec. (b) by Pub. L. 92-420 applicable to cases 
pending in a district court of the United States in which an appearance 
has not been made prior to Sept. 16, 1972, see section 5 of Pub. L. 92-
420, set out as a note under section 2901 of Title 28, Judiciary and 
Judicial Procedure.


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-513 effective on first day of seventh 
calendar month that begins after Oct. 26, 1970, see section 1105(a) of 
Pub. L. 91-513, set out as an Effective Date note under section 951 of 
Title 21, Food and Drugs.


                             Effective Date

    Subchapter effective three months after Nov. 8, 1966, see section 
605 of Pub. L. 89-793, set out as a note under section 3401 of this 
title.


                            Savings Provision

    Prosecutions for any violation of law occurring, and civil seizures 
or forfeitures and injunctive proceedings commenced, prior to the 
effective date of amendment of this section by section 1102 of Pub. L. 
91-513 not to be affected or abated by reason thereof, see section 1103 
of Pub. L. 91-513, set out as a note under section 171 of Title 21, Food 
and Drugs.

                          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.
