
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: 42USC3412]

 
                 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. 3412. Preliminary proceedings


(a) Petition for treatment

    Except as otherwise provided in section 3421 of this title, whenever 
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.

(b) Petition for confinement; consultations respecting availability of 
        facilities

    After considering such petition, the United States attorney shall, 
if he determines that there is reasonable cause to believe that the 
person named in such petition is a narcotic addict, and that appropriate 
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 subchapter. 
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) Order for medical examination and hearing; personal service

    Upon the filing of any such petition by a United States attorney, 
the court may order the patient to appear before it for an examination 
by physicians as provided under section 3413 of this title and for a 
hearing, if required, under section 3414 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.

(Pub. L. 89-793, title III, Sec. 302, Nov. 8, 1966, 80 Stat. 1444.)

                          Transfer of Functions

    For transfer of functions of Public Health Service, including 
Surgeon General of Public Health Service, see note set out under section 
3411 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3411, 3413, 3426 of this 
title.
