
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: 42USC3413]

 
                 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. 3413. Judicial proceedings; advisement of patient: counsel, 
        retained physician's authority, treatment program of commitment, 
        withdrawal, duration, confinement, postconfinement, and 
        recommitment; examination of patient: appointment of physicians, 
        order of commitment, conduct and report of examination, and 
        copies to patient and counsel; return of patient for further 
        proceedings
        
    The court shall immediately advise any patient appearing before it 
pursuant to an order issued under subsection (c) of section 3412 of his 
right to have (1) counsel at every stage of the judicial proceedings 
under this subchapter 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 
retained 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 required 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 subchapter, he is found to be a narcotic 
addict who is likely to be rehabilitated through treatment, he will be 
civilly committed to the Surgeon General for treatment; that he may not 
voluntarily 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 
treatment 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 
suitable 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 subchapter. Copies of such reports shall be 
made available to the patient and his counsel.

(Pub. L. 89-793, title III, Sec. 303, Nov. 8, 1966, 80 Stat. 1445.)

                          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 3412, 3414 of this title.
