Volume 67 · 78
Public Law 83–76
To provide for the treatment of users of narcotics In the District of Columbia.
Approved June 24, 1953
Statutory text
AN ACT
To provide for the treatment of users of narcotics In the District of Columbia.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That 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.
Sec. 2. definitions
For the purposes of this Act—
The term “drug user” means any person who habitually 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.
The term “patient” means a person with respect to whom there has been filed with the clerk of the United States District Court for the District of Columbia a statement as provided for in section 3.
Sec. 3. filing a statement
Whenever it appears to the United States attorney for the District of Columbia that any person within the District of Columbia, other than a person referred to in subsection (b), is a drug user, he may file with the clerk of the United States District Court for the District of Columbia a statement in writing setting forth the facts tending to show that such a person is a drug user.
The United States attorney shall not file a statement under this section with respect to any person who is charged with a criminal offense, whether by indictment, by information, or who 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.
Sec. 4. court order for examination
Upon the filing of such a statement, the court shall order the patient to appear before it for an examination by physicians pursuant to section 6 (a) of this Act and for a hearing if required under section 7 of this Act. The copy of the statement and order of the court shall be served personally upon the patient by the United States Marshal.
Sec. 5. right to counsel
A patient shall have the right to the assistance of counsel at every stage of the judicial proceeding under this Act. Before the court appoints physicians pursuant to section 6 of this Act it shall advise the patient of his right to counsel and shall assign counsel to represent him if the patient is unable to obtain counsel.
Sec. 6. examinations by physicians
When such a statement has been filed the court shall appoint two qualified physicians, one of whom shall be a psychiatrist, to examine the patient. For the purpose of the examination the court may order the patient committed for such reasonable period as the court may determine to a suitable hospital or other facility to be designated by the court. Each physician shall, within such periods as the court may direct, file a written report of the examination, which shall include a statement of his conclusion as to whether the patient is a drug user.
The counsel for the patient may inspect the reports of the examination. No such report and no evidence resulting from the personal examination of the patient or evidence offered by the patient shall be admissible against him in any judicial proceeding except a proceeding under this Act.
Sec. 7. when hearing is required
If, in a report filed pursuant to section 6 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 in the manner provided in section 8 of this Act. If, on the basis of the reports filed, the court is not required to conduct such a hearing, it shall enter an order dismissing the proceeding under this Act. If a hearing is deemed necessary, then such notice of hearing shall be served personally upon the patient to afford the said patient the opportunity to prepare for the hearing.
Sec. 8. hearing
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 the hear-ing and within fifteen days after the date on which the second report is filed pursuant to section 6 of this Act, a jury is demanded by the patient or by the United States Attorney. The patient may, after appointment or employment of counsel, waive a hearing and be committed directly to a hospital designated by the Commissioners of the District of Columbia, or their designated agent. The rules of evidence applicable in judicial proceedings in the court are 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.
Sec. 9. confinement of patient
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 of the District of Columbia, or their designated agent, and approved by the court, to be confined there for rehabilitation until released in accordance with section 10 of this Act. 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.
Sec. 10. release of patient
When the head of the hospital to which the patient is committed finds that the patient, appears to be no longer in need of rehabilitation, or has received maximum benefits, they shall give notice to the judge of the committing court, and the 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.
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.
Sec. 11. periodic examination of released patients
For the two years after his release, the patient shall report to the Commissioners of the District of Columbia, or their designated agent, at such times and places as those officers, or officer, require, but not more frequently than once each month, for a physical examination to determine whether the patient has again become a drug user. If the Commissioners of the District of Columbia, or their designated agent, determine that the person examined is a drug user, they shall so notify the United States attorney for the District of Columbia who may then file a statement under section 3 of this Act with respect to the person examined.
Sec. 12. patient not deemed a criminal
The patient in any proceeding under this Act shall not be deemed a criminal and the commitment of any such patient shall not be deemed a conviction.
Sec. 13.
This Act shall become effective six months after the date
Effective date.
of its approval.
Approved June 24, 1953.