Narcotics Manufacturing Act of 1960, to a narcotic drug as defined by section 4731 of the Internal Revenue Code of 1954 are amended to refer to a narcotic drug as defined by such section 102(16). (B) On and after the date prescribed by the Attorney General pursuant to clause (2) of section 703(c) of title II, the requirements of a manufacturer's license with respect to a basic class of narcotic drug under the Narcotics Manufacturing Act of 1960, and of a registration under section 4722 of the Internal Revenue Code of 1954 as a prerequisite to issuance of such a license, shall be superseded by a requirement of actual registration (as distinguished from provisional registration) as a manufacturer of that class of drug under section 303(a) of title II. (C) On and after the effective date of the repeal of such section 4722 by section 1101(b)(3) of this title, but prior to the date specified in subparagraph (B) of this paragraph, the requirement of registration under such section 4722 as a prerequisite of a manufacturer's license under the Narcotics Manufacturing Act of 1960 shall be superseded by a requirement of either (i) actual registration as a manufacturer under section 303 of title II or (ii) provisional registration (by virtue of a preexisting registration under such section 4722) under section 703 of title II. (d) Any orders, rules, and regulations which have been promulgated under any law affected by this title and which are in effect on the day preceding enactment of this title shall continue in effect until modified, superseded, or repealed. NARCOTIC ADDICT REHABILITATION ACT OF 1966 [Public Law 89-793, Approved November 8, 1966] AN ACT To amend title 18 of the United States Code to enable the courts to deal more effectively with the problem of narcotic addiction, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That titles I, II, III, and IV of this Act may be cited as the "Narcotic Addict Rehabilitation Act of 1966". DECLARATION OF POLICY SEC. 2. 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. TITLE I-CIVIL COMMITMENT IN LIEU OF PROSECUTION 1 SEC. 101. Title 28 of the United States Code is amended by adding after chapter 173 thereof the following new chapter: CHAPTER 175-CIVIL COMMITMENT AND 2901. Definitions. 2902. Discretionary authority of court; examination, report, and determination by court; termination of civil commitment. 2903. Authority and responsibilities of the Surgeon General; institutional custody; aftercare; maximum period of civil commitment; credit toward sentence. 2904. Civil commitment not a conviction; use of test results. 2905. Delegation of functions by Surgeon General; use of Federal, State, and private facilities. 2906. Absence of offer by the court to a defendant of an election under section 2902(a) or any determination as to civil commitment, not reviewable on appeal or otherwise. 1 Title I of this Act took effect February 8, 1967, and applies to any case pending in a district court of the United States in which an appearance had not been made prior to such effective date. § 2901. Definitions As used in this chapter— (a) "Addict" means any individual who habitually uses any narcotic drug as defined by section 102(16) of the Controlled Substances Act so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of such narcotic drugs as to have lost the power of self-control with reference to his addiction. (b) "Surgeon General" means the Surgeon General of the Public Health Service. (c) "Crime of violence" includes voluntary manslaughter, murder, rape, mayhem, kidnaping, robbery, burglary or housebreaking in the nighttime, extortion accompanied by threats of violence, assault with a dangerous weapon or assault with intent to commit any offense punishable by imprisonment for more than one year, arson punishable as a felony, or an attempt or conspiracy to commit any of the foregoing offenses. (d) "Treatment" includes confinement and treatment in an institution and under supervised aftercare in the community and includes, but is not limited to, medical, educational, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public and benefit the addict by eliminating his dependence on addicting drugs, or by controlling his dependence, and his susceptibility to addiction. (e) "Felony" includes any offense in violation of a law of the United States classified as a felony under section 3581 of title 18 of the United States Code, and further includes any offense in violation of a law of any State, any possession or territory of the United States, the District of Columbia, the Canal Zone, or the Commonwealth of Puerto Rico, which at the time of the offense was classified as a felony by the law of the place where that offense was committed. (f) "Conviction" and "convicted" mean the final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere, but do not include a final judgment which has been expunged by pardon, reversed, set aside or otherwise rendered nugatory. (g) "Eligible individual" means any individual who is charged with an offense against the United States, but does not include (1) an individual charged with a crime of violence. (2) an individual charged with unlawfully importing, selling, or conspiring to import or sell, a narcotic drug. (3) an individual against whom there is pending a prior charge of a felony which has not been finally determined or who is on probation or whose sentence following conviction on such a charge, including any time on parole, supervised release, or mandatory release, has not been fully served: Provided, That an individual on probation, parole, supervised release, or mandatory release shall be included if the authority authorized to require his return to custody consents to his commitment. |