US (United States) Code. Title 42. Chapter 42: Narcotic addict rehabilitation

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Public Health and Welfare

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  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
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42 USC CHAPTER 42 - NARCOTIC ADDICT REHABILITATION 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 42 - NARCOTIC ADDICT REHABILITATION

-HEAD-

CHAPTER 42 - NARCOTIC ADDICT REHABILITATION

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SUBCHAPTER I - GENERAL PROVISIONS

Sec.

3401. Declaration of policy.

3402. State facilities and personnel for care and treatment;

encouragement of adequate provision; benefit of

experience of Surgeon General and Attorney General.

SUBCHAPTER II - CIVIL COMMITMENT OF PERSONS NOT CHARGED WITH ANY

CRIMINAL OFFENSE

3411 to 3426. Repealed.

SUBCHAPTER III - REHABILITATION AND POSTHOSPITALIZATION CARE

PROGRAMS AND ASSISTANCE TO STATES AND LOCALITIES

3441, 3442. Repealed.

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42 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 42 - NARCOTIC ADDICT REHABILITATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

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42 USC Sec. 3401 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 42 - NARCOTIC ADDICT REHABILITATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3401. Declaration of policy

-STATUTE-

It is the policy of the Congress that certain persons charged

with or convicted of violating Federal criminal laws, who are

determined to be addicted to narcotic drugs, and likely to be

rehabilitated through treatment, should, in lieu of prosecution or

sentencing, be civilly committed for confinement and treatment

designed to effect their restoration to health, and return to

society as useful members.

It is the further policy of the Congress that certain persons

addicted to narcotic drugs who are not charged with the commission

of any offense should be afforded the opportunity, through civil

commitment, for treatment, in order that they may be rehabilitated

and returned to society as useful members and in order that society

may be protected more effectively from crime and delinquency which

result from narcotic addiction.

-SOURCE-

(Pub. L. 89-793, Sec. 2, Nov. 8, 1966, 80 Stat. 1438.)

-COD-

CODIFICATION

Section was not enacted as part of the Narcotic Addict

Rehabilitation Act of 1966, which is classified to subchapters II

and III of this chapter, chapter 314 (section 4251 et seq.) of

Title 18, Crimes and Criminal Procedure, and chapter 175 (section

2901 et seq.) of Title 28, Judiciary and Judicial Procedure.

-MISC1-

EFFECTIVE DATE

Section 605 of Pub. L. 89-793 provided that: "Title I of this Act

[enacting chapter 175 (Sec. 2901 et seq.) of Title 28, Judiciary

and Judicial Procedure] shall take effect three months after the

date of its enactment [Nov. 8, 1966], and shall apply to any case

pending in a district court of the United States in which an

appearance has not been made prior to such effective date. Titles

II [enacting chapter 314 (Sec. 4251 et seq.) of Title 18, Crimes

and Criminal Procedure] and V of this Act [amending section 7237(d)

of Title 26, Internal Revenue Code and enacting provisions set out

as note under section 4202 of Title 18] shall take effect three

months after the date of its enactment [Nov. 8, 1966] and shall

apply to any case pending in any court of the United States in

which sentence has not yet been imposed as of such effective date.

Title III of this Act [enacting section 3411 et seq. of this title]

shall take effect three months after the date of its enactment

[Nov. 8, 1966]."

SHORT TITLE OF 1971 AMENDMENT

Pub. L. 92-420, Sec. 1, Sept. 16, 1972, 86 Stat. 677, provided:

"That this Act [amending section 3411 of this title, section 4251

of Title 18, Crimes and Criminal Procedure, and section 2901 of

Title 28, Judiciary and Judicial Procedure, and enacting provisions

set out as a note under section 2901 of Title 28] may be cited as

the 'Narcotic Addict Rehabilitation Amendments of 1971'."

SHORT TITLE

Section 1 of Pub. L. 89-793 provided: "That titles I, II, III,

and IV of this Act [enacting subchapters II and III of this

chapter, chapter 314 (Sec. 4251 et seq.) of Title 18, Crimes and

Criminal Procedure, and chapter 175 (Sec. 2901 et seq.) of Title

28, Judiciary and Judicial Procedure] may be cited as the 'Narcotic

Addict Rehabilitation Act of 1966'."

SEPARABILITY

Section 604 of Pub. L. 89-793 provided that: "If any provision of

this Act [enacting this chapter, chapter 314 (Sec. 4251 et seq.) of

Title 18, Crimes and Criminal Procedure, and chapter 175 (Sec. 2901

et seq.) of Title 28, Judiciary and Judicial Procedure, amending

section 257 of this title and section 7237 of Title 26, Internal

Revenue Code, and enacting provisions set out as notes under this

section and section 4202 of Title 18] or the application thereof to

any person or circumstance is held invalid, the remainder of the

Act and the application of such provision to other persons not

similarly situated or to other circumstances shall not be affected

thereby."

AUTHORIZATION OF APPROPRIATIONS

Section 607 of Pub. L. 89-793 provided that: "There are

authorized to be appropriated such sums as are necessary to carry

out the provisions of this Act [enacting this chapter, chapter 314

(Sec. 4251 et seq.) of Title 18, Crimes and Criminal Procedure, and

chapter 175 (Sec. 2901 et seq.) of Title 28, Judiciary and Judicial

Procedure, amending section 257 of this title and section 7237 of

Title 26, Internal Revenue Code, and enacting provisions set out as

notes under this section and section 4202 of Title 18]."

REORGANIZATION PLAN NO. 3 OF 1966

Section 606 of Pub. L. 89-793 provided that: "The provisions of

this Act [enacting this chapter, chapter 314 (Sec. 4251 et seq.) of

Title 18, Crimes and Criminal Procedure, and chapter 175 (Sec. 2901

et seq.) of Title 28, Judiciary and Judicial Procedure, amending

section 257 of this title and section 7237 of Title 26, Internal

Revenue Code, and enacting provisions set out as notes under this

section and section 4202 of Title 18] shall be subject to the

provisions of Reorganization Plan No. 3 of 1966 [set out as a note

under section 202 of this title]."

-End-

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42 USC Sec. 3402 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 42 - NARCOTIC ADDICT REHABILITATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3402. State facilities and personnel for care and treatment;

encouragement of adequate provision; benefit of experience of

Surgeon General and Attorney General

-STATUTE-

The Surgeon General and the Attorney General are authorized to

give representatives of States and local subdivisions thereof the

benefit of their experience in the care, treatment, and

rehabilitation of narcotic addicts so that each State may be

encouraged to provide adequate facilities and personnel for the

care and treatment of narcotic addicts in its jurisdiction.

-SOURCE-

(Pub. L. 89-793, title VI, Sec. 602, Nov. 8, 1966, 80 Stat. 1450.)

-COD-

CODIFICATION

Section was not enacted as part of the Narcotic Addict

Rehabilitation Act of 1966, which is classified to subchapters II

and III of this chapter, chapter 314 (Sec. 4251 et seq.) of Title

18, Crimes and Criminal Procedure, and chapter 175 (Sec. 2901 et

seq.) of Title 28, Judiciary and Judicial Procedure.

-TRANS-

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, 1956, 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.

-End-

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42 USC SUBCHAPTER II - CIVIL COMMITMENT OF PERSONS NOT

CHARGED WITH ANY CRIMINAL OFFENSE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 42 - NARCOTIC ADDICT REHABILITATION

SUBCHAPTER II - CIVIL COMMITMENT OF PERSONS NOT CHARGED WITH ANY

CRIMINAL OFFENSE

-HEAD-

SUBCHAPTER II - CIVIL COMMITMENT OF PERSONS NOT CHARGED WITH ANY

CRIMINAL OFFENSE

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42 USC Secs. 3411 to 3426 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 42 - NARCOTIC ADDICT REHABILITATION

SUBCHAPTER II - CIVIL COMMITMENT OF PERSONS NOT CHARGED WITH ANY

CRIMINAL OFFENSE

-HEAD-

Secs. 3411 to 3426. Repealed. Pub. L. 106-310, div. B, title XXXIV,

Sec. 3405(b), Oct. 17, 2000, 114 Stat. 1221

-MISC1-

Section 3411, 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, defined terms used in this subchapter.

Section 3412, Pub. L. 89-793, title III, Sec. 302, Nov. 8, 1966,

80 Stat. 1444, related to preliminary proceedings.

Section 3413, Pub. L. 89-793, title III, Sec. 303, Nov. 8, 1966,

80 Stat. 1445, related to judicial proceedings, advisement of

patient, appointment of physicians, examination of patient, conduct

and report of examination, and return of patient for further

proceedings.

Section 3414, Pub. L. 89-793, title III, Sec. 304, Nov. 8, 1966,

80 Stat. 1446, related to hearings.

Section 3415, Pub. L. 89-793, title III, Sec. 305, Nov. 8, 1966,

80 Stat. 1446, related to order of commitment for treatment to care

and custody of Surgeon General and reports of Surgeon General.

Section 3416, Pub. L. 89-793, title III, Sec. 306, Nov. 8, 1966,

80 Stat. 1446, related to period of commitment to care and custody

of Surgeon General, patient subject to posthospitalization program,

and release from confinement.

Section 3417, Pub. L. 89-793, title III, Sec. 307, Nov. 8, 1966,

80 Stat. 1446, related to release from confinement.

Section 3418, Pub. L. 89-793, title III, Sec. 308, Nov. 8, 1966,

80 Stat. 1447, related to petition for inquiry into health and

general condition and necessity for continuation of confinement,

order for release from confinement and return to court, and placing

patient under posthospitalization treatment.

Section 3419, Pub. L. 89-793, title III, Sec. 309, Nov. 8, 1966,

80 Stat. 1447, related to criminal conviction or criminal

appellation from determination of being narcotic addict and

criminal proceedings prohibited from using information gained in

addiction inquiry.

Section 3420, Pub. L. 89-793, title III, Sec. 310, Nov. 8, 1966,

80 Stat. 1447, related to evidence, examining physician as a

competent and compellable witness, and physician-patient privilege.

Section 3421, Pub. L. 89-793, title III, Sec. 311, Nov. 8, 1966,

80 Stat. 1447, related to inapplicability of subchapter to persons

with criminal charge pending, on probation, or with sentence

unserved and consent to commitment of such persons by authority

with power over their custody.

Section 3422, Pub. L. 89-793, title III, Sec. 312, Nov. 8, 1966,

80 Stat. 1447, related to commitment to hospital of the Service

being dependent upon certification of availability of facilities or

personnel for treatment.

Section 3423, Pub. L. 89-793, title III, Sec. 313, Nov. 8, 1966,

80 Stat. 1447, related to compensation of physicians and counsel

and source of funds.

Section 3424, Pub. L. 89-793, title III, Sec. 314, Nov. 8, 1966,

80 Stat. 1448, related to authority of Surgeon General.

Section 3425, Pub. L. 89-793, title III, Sec. 315, Nov. 8, 1966,

80 Stat. 1448, related to penalties for escape or rescue from

custody.

Section 3426, Pub. L. 89-793, title III, Sec. 316, Nov. 8, 1966,

80 Stat. 1448, related to penalties for false statements.

-End-

-CITE-

42 USC SUBCHAPTER III - REHABILITATION AND

POSTHOSPITALIZATION CARE PROGRAMS AND

ASSISTANCE TO STATES AND LOCALITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 42 - NARCOTIC ADDICT REHABILITATION

SUBCHAPTER III - REHABILITATION AND POSTHOSPITALIZATION CARE

PROGRAMS AND ASSISTANCE TO STATES AND LOCALITIES

-HEAD-

SUBCHAPTER III - REHABILITATION AND POSTHOSPITALIZATION CARE

PROGRAMS AND ASSISTANCE TO STATES AND LOCALITIES

-End-

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42 USC Sec. 3441 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 42 - NARCOTIC ADDICT REHABILITATION

SUBCHAPTER III - REHABILITATION AND POSTHOSPITALIZATION CARE

PROGRAMS AND ASSISTANCE TO STATES AND LOCALITIES

-HEAD-

Sec. 3441. Repealed. Pub. L. 106-310, div. B, title XXXIV, Sec.

3405(b), Oct. 17, 2000, 114 Stat. 1221

-MISC1-

Section, Pub. L. 89-793, title IV, Sec. 401, Nov. 8, 1966, 80

Stat. 1448, related to establishment of outpatient services.

-End-

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42 USC Sec. 3442 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 42 - NARCOTIC ADDICT REHABILITATION

SUBCHAPTER III - REHABILITATION AND POSTHOSPITALIZATION CARE

PROGRAMS AND ASSISTANCE TO STATES AND LOCALITIES

-HEAD-

Sec. 3442. Repealed. Pub. L. 90-574, title III, Sec. 303(b), Oct.

15, 1968, 82 Stat. 1011

-MISC1-

Section, Pub. L. 89-793, title IV, Sec. 402, Nov. 8, 1966, 80

Stat. 1448, authorized appropriations for grants to States and

political subdivisions thereof and to private organizations and

institutions for development of narcotic addict rehabilitation and

treatment programs.

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