
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: 42USC3414]

 
                 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. 3414. Hearings


(a) Discharge of patient and dismissal of proceedings; notice of time 
        and place; service; issues of fact: demand for jury or judicial 
        determination

    If both examining physicians (referred to in section 3413 of this 
title) conclude in their respective written reports that the patient is 
not a narcotic addict, or is an addict not likely to be rehabilitated 
through treatment, the court shall immediately enter an order 
discharging the patient and dismissing the proceedings under this 
subchapter. If the written report of either such physician indicates 
that the patient is a narcotic addict who is likely to be rehabilitated 
through treatment, or that the physician submitting the report is unable 
to reach any conclusion by reason of the refusal of the patient to 
submit to a thorough examination, the court shall promptly set the case 
for hearing. The court shall cause a written notice of the time and 
place of such hearing to be served personally upon the patient and his 
attorney. Such notice shall also inform the patient that upon demand 
made by him within fifteen days after he has been served, he shall be 
entitled to have all issues of fact with respect to his alleged narcotic 
addiction determined by a jury. If no timely demand for a jury is made, 
the court, in conducting such hearing, shall determine all issues of 
fact without a jury.

(b) Evidence; patient's testimony; examinations and cross-examinations; 
        judicial review of orders of commitment

    In conducting any hearing under this subchapter, the court shall 
receive and consider all relevant evidence and testimony which may be 
offered, including the contents of the reports referred to in section 
3413 of this title. Any patient with respect to whom a hearing is held 
under this subchapter shall be entitled to testify and to present and 
cross-examine witnesses. All final orders of commitment under this 
subchapter shall be subject to review in conformity with the provisions 
of sections 1254 and 1291 of title 28.

(c) Detention of patient

    Any patient with respect to whom a hearing has been set under this 
subchapter may be detained by the court for a reasonable period of time 
in a suitable hospital or other facility designated by the court until 
after such hearing has been concluded.

(d) Witness fees and mileage

    Witnesses subpenaed by either party under the provisions of this 
subchapter shall be paid the same fees and mileage as are paid to other 
witnesses in the courts of the United States.

(Pub. L. 89-793, title III, Sec. 304, Nov. 8, 1966, 80 Stat. 1446.)

                  Section Referred to in Other Sections

    This section is referred to in section 3412 of this title.
