42 U.S.C. § 3401

Declaration of policy

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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.

Notes of Decisions

Cited in 7 cases, 1968–1976 · leading case: Marshall v. United States, 414 U.S. 417 (1974).

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Marshall v. United States, 414 U.S. 417 (1974). · cites it 2× “" 42 U. S. C. § 3401 . See also H. R. Rep. No.”

United States v. Eugene H. Pinkney, 543 F.2d 908 (D.C. Cir. 1976). “42 U.S.C. § 3401 (1970). See also S.Rep.No.”

Robert Edward Marshall v. J. J. Parker, Warden, United States of Am., 470 F.2d 34 (9th Cir. 1973). “” 42 U. S.C. § 3401; 1966 U.S.Code Cong. & Adm.”

United States v. Turner, 337 F. Supp. 1045 (D.D.C. 1972). “Title III, 42 U.S.C. § 3401 , et seq. (1970), provides for a straight civil commitment of narcotic addicts who are not charged with a criminal offense.”

United States v. Israel Fersner, United States of Am. v. Clifton D. McElveen, 465 F.2d 605 (D.C. Cir. 1972). “42 U.S.C. § 3401 . Title II of the Act provides for post conviction alternatives to ordinary criminal sentencing, 18 U.”

Beavers v. State, 520 S.W.2d 675 (Mo. Ct. App. 1975). “The court exceeded its jurisdiction by suspending the imposition of sentence prior to releasing the movant under conditions of narcotic addiction of NARA, Title 42 U.S.C. § 3401 , and not reaching final judgment prior to release and acceptance under the provisions of said Act,…”

Kelly v. Rasor, 283 F. Supp. 445 (E.D. Ky. 1968). “The second complaint of the petitioner is that he was under the influence of narcotics during the commitment proceedings and was unaware of what was happening to him and therefore mentally incapable at that time of entering into such an agreement with the Government as described…”

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