Pub. L. 84-764, tit. I, sec. 101

Sec. 101. The Act entitled “An Act to provide for the treatment of users of narcotics in the District of Columbia”, approved June 24, 1953 (67 Stat. 77), is amended to read as follows: “short title “Section. 1. This Act may be cited as the ‘Hospital Treatment for Drug Addicts Act for the District of Columbia’. “purpose “Sec. 2. The purpose of this Act is to protect the health and safety of the people of the District of Columbia from the menace of drug addiction and to afford an opportunity to the drug user for rehabilitation. The Congress intends that Federal criminal laws shall be enforced against drug users as well as other persons, and this Act shall not be used to substitute treatment for punishment in cases of crime committed by drug users. “definitions “Sec. 3. For the purpose of this Act— “(a) The term “drug user” means any person, including a person under eighteen years of age, notwithstanding the provisions of the Juvenile Court Act of the District of Columbia, as amended, who uses any habit-forming narcotic drugs so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of such habit-forming narcotic drugs as to have lost the power of self-control with reference to his addiction. “(b) The term “narcotic drugs” shall have the same meaning as that given to such term by section 4731 of the Internal Revenue Code of 1954. “(c) The term “patient” means any person ordered to appear before the Commissioners, pursuant to the provisions of section 4 of this Act. “(d) The term “Commissioners” means the Commissioners of the District of Columbia, sitting as a Board, or their designated agent or agents. “order of examination “Sec. 4. (a) Whenever the Commissioners have probable cause to believe that any person within the District of Columbia, other than a person referred to in subsection (b) hereof, is a drug user, they forthwith shall order any law enforcement officer of the District of Columbia to bring that person before them, to conduct a preliminary examination, and if they find sufficient evidence of addiction, as hereinbefore defined, they shall cause that person to be placed in an institution to be designated by them for an examination by physicians pursuant to section 5 of this Act. 70 Stat. 610 “(b) The Commissioners shall not order any person brought before them if the said person is charged with a criminal offense, whether by indictment, information, or otherwise, or if the said person is under sentence for a criminal offense, whether he is serving the sentence, or is on probation or parole, or has been released on bond pending appeal. “examination by physician “Sec. 5. (a) Whenever the Commissioners order a patient into an institution pursuant to the provisions of section 4 hereof, they shall immediately appoint two qualified physicians, one of whom shall be a psychiatrist, to examine the said patient, and within five days after such appointment, each physician shall file with the United States Attorney for the District of Columbia, a written report of such examination, which shall include a statement of his conclusion as to whether the patient is a drug user. “(b) The United States Attorney for the District of Columbia shall review the facts and circumstances of each case submitted to him and present by petition those in which he feels justification exists in the public interest to the United States District Court for the District of Columbia for determination and disposition, or dismiss the patient from custody. A copy of such petition shall be served on the patient in open court, at which time the court shall set a hearing date and advise the patient of his right to counsel and his right to demand within five days a trial by jury. “when hearing is required “Sec. 6. If, in a report filed pursuant to section 5 of this Act, either of the examining physicians states that the patient is a drug user, or that he is unable to reach any conclusion by reason of the refusal of the patient to submit to thorough examination, the court shall conduct a hearing upon petition of the United States Attorney in the manner provided in section 8 of this Act. “right to counsel “Sec. 7. (a) A patient shall have the right to the assistance of counsel at every stage of the judicial proceeding under this Act, and the court shall assign counsel to represent him if the patient is unable to obtain counsel. “(b) The counsel for a patient may inspect the reports of the examination made pursuant to the authority contained in section 5 of this Act. No such report and no evidence resulting from such personal examination or evidence offered by the patient shall be admissible against him in any judicial proceeding except a proceeding under this Act. “(c) The patient may, prior to the examination made pursuant to the provisions of section 5 of this Act or prior to the hearing provided for by section 8 of this Act, waive his rights to an examination, to counsel, or to such hearing, and voluntarily submit himself to commitment pursuant to the provisions of this Act. “hearing “Sec. 8. (a) Upon the evidence introduced at a hearing held for that purpose the court shall determine whether the patient is a drug user. The hearing shall be conducted without a jury unless, before such hearing and within five days after the date on which the petition 70 Stat. 611is filed pursuant to section 5 of this Act, a jury is demanded by the patient or by the United States attorney for the District of Columbia. Each patient concerning whom a report is filed shall be detained at such place as the Commissioners may designate until the completion of such hearing or until released as provided in section 5 (b) hereof. “(b) The rules of evidence applicable in civil judicial proceedings shall be applicable to hearings pursuant to this section, including the right of the patient to present evidence in his own behalf and to subpena and cross-examine witnesses. However, no patient examined pursuant to the provisions of this Act, shall be permitted at any earing ordered pursuant to this section to object to the submission of testimony concerning such examination on the ground of privilege. “confinement of patient “Sec. 9. If the court finds the patient to be a drug user, it may commit him to a hospital designated by the patient or the Commissioners and approved by the court, to be confined there for rehabilitation until released in accordance with section 10 of this Act. In the event a patient elects to designate a hospital to which he wishes to be committed, he shall be required to satisfy the court that such hospital has medical, rehabilitation, and security facilities comparable to the institutions designated by the Commissioners and, in addition, the cost of such hospitalization shall be borne by the patient. The head of the hospital shall submit written reports within such periods as the court may direct, but no longer than six months after the commitment and for successive intervals of time thereafter, and state reasons why the patient has not been released. “release of patient “Sec. 10. (a) When the head of the hospital to which the patient is committed finds that the patient appears to be no longer in need of confinement for treatment purposes, or has received maximum benefits, he shall give notice to the judge of the committing court, and said patient shall be delivered to the said court for such further action as the court may deem necessary and proper under the provisions of this Act. “(b) The court, upon petition of the patient after confinement for one year, shall inquire into the refusal or failure of the head of the hospital to release him. If the court finds that the patient is no longer in need of care, treatment, guidance, or rehabilitation, or has received maximum benefits, it shall order the patient released, in accordance with the provisions of section 11 of this Act. “periodic examination of released patients “Sec. 11. (a) For two years after his release, the patient shall report to the Commissioners at such times and places as required, for a physical examination to determine whether the patient has again become a drug user. If the Commissioners determine that the person examined is a drug user, they shall then order the patient into an institution in accordance with the provisions of this Act. “(b) Upon the failure of any patient to report in accordance with the provisions of subsection (a) hereof, the United States attorney for the District of Columbia shall be notified of such failure, and a statement of such failure to report shall be filed with the court. The court shall issue an attachment for the patient and order him confined forthwith for examination and such further action as the court may deem necessary and proper under the provisions of this Act. 70 Stat. 612 “patient not deemed a criminal “Sec. 12. The patient in any proceedings under this Act shall not be deemed a criminal and the commitment of any such patient shall not be deemed a conviction.”