
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: 42USC3417]

 
                 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. 3417. Release from confinement


(a) Notice and return to committing court; placing patient under care 
        and custody of Surgeon General for posthospitalization 
        treatment; recommendations of Surgeon General

    Whenever any patient under the care and custody of the Surgeon 
General pursuant to this subchapter is to be released from confinement 
in accordance with the provisions thereof, the Surgeon General shall 
give notice of such pending release to the committing court within ten 
days prior thereto and shall, at the time of the patient's release, 
promptly return him to that court. The court, after considering the 
recommendations of the Surgeon General with respect to 
posthospitalization treatment for any such patient so returned, may 
place such patient under the care and custody of the Surgeon General for 
the three-year period immediately following the patient's release, for 
treatment and supervision under such posthospitalization program as the 
Surgeon General may direct.

(b) Return to committing court for recommitment and submission to 
        posthospitalization treatment

    If, at any time during such three-year period, any patient (1) fails 
or refuses to comply with the directions and orders of the Surgeon 
General in connection with such patient's posthospitalization treatment 
and supervision, or (2) is determined by the Surgeon General to be again 
using narcotic drugs, the Surgeon General may order such patient's 
immediate return to the committing court which may recommit such patient 
to a hospital of the Service for additional treatment for a period of 
not to exceed six months, and may require such patient thereafter to 
submit to a posthospitalization program in accordance with subsection 
(a) of this section.

(Pub. L. 89-793, title III, Sec. 307, Nov. 8, 1966, 80 Stat. 1446.)

                          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, 3416, 3418 of this 
title.
