§2901. Definitions

As used in this chapter-

(a) "Addict" means any individual who habitually uses any narcotic drug as defined by section 102(16) ¹ 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 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.

(4) an individual who has been convicted of a felony on two or more occasions.

(5) an individual who has been civilly committed under this Act, under the District of Columbia Code, or any State proceeding because of narcotic addiction on three or more occasions.

(Added Pub. L. 89–793, title I, §101, Nov. 8, 1966, 80 Stat. 1438 ; amended Pub. L. 91–513, title III, §1102(l), Oct. 27, 1970, 84 Stat. 1293 ; Pub. L. 92–420, §2, Sept. 16, 1972, 86 Stat. 677 ; Pub. L. 98–473, title II, §228(c), Oct. 12, 1984, 98 Stat. 2030 .)

References in Text

Section 102(16) of the Controlled Substances Act, referred to in subsec. (a), was redesignated section 102(17) of the Controlled Substances Act by Pub. L. 98–473, title II, §507(a), Oct. 12, 1984, 98 Stat. 2071 , and is classified to section 802(17) of Title 21, Food and Drugs.

For definition of Canal Zone, referred to in subsec. (e), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

This Act, referred to in subsec. (g)(5), probably means Pub. L. 89–793, which enacted this chapter, section 4251 et seq. of Title 18, Crimes and Criminal Procedure, sections 3402 and 3411 et seq. of Title 42, The Public Health and Welfare, amended section 7237 of Title 26, Internal Revenue Code, and section 257 of Title 42, and enacted provisions set out as notes under sections 4202 of Title 18 and 3401 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 3401 of Title 42 and Tables.

Amendments

1984-Subsec. (e). Pub. L. 98–473, §228(c)(1), substituted "section 3581" for "section 1".

Subsec. (g)(3). Pub. L. 98–473, §228(c)(2), inserted references to supervised release.

1972-Subsec. (d). Pub. L. 92–420 substituted "by eliminating his dependence on addicting drugs, or by controlling his dependence," for "by correcting his antisocial tendencies and ending his dependence on addicting drugs".

1970-Subsec. (a). Pub. L. 91–513 substituted "as defined by section 102(16) of the Controlled Substances Act" for "as defined by section 4731 of the Internal Revenue Code of 1954, as amended,".

Effective Date of 1984 Amendment

Section 235(a)(1)(B)(ii)(IV) of Pub. L. 98–473 provided that the amendment made by Pub. L. 98–473 is effective Oct. 12, 1984.

Effective Date of 1972 Amendment

Section 5 of Pub. L. 92–420 provided that: "This Act [amending this section, section 4251 of Title 18, Crimes and Criminal Procedure, and section 3411 of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under this section] shall take effect immediately upon enactment [Sept. 16, 1972]. Sections 2 and 3 [amending section 4251 of Title 18 and section 3411 of Title 42, respectively] shall apply to any case pending in a district court of the United States in which an appearance has not been made prior to the effective date [Sept. 16, 1972]."

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–513 effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 1105(a) of Pub. L. 91–513, set out as an Effective Date note under section 951 of Title 21, Food and Drugs.

Effective Date

Chapter effective three months after Nov. 8, 1966, and applicable 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, see section 605 of Pub. L. 89–793, title VI, Nov. 8, 1966, 80 Stat. 1450 , set out as a note under section 3401 of Title 42, The Public Health and Welfare.

Savings Provision

Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of amendment of this section by section 1102 of Pub. L. 91–513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91–513, set out as a note under section 171 of Title 21, Food and Drugs.

¹ See References in Text note below.