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§ 2710. Right of attachment.

(a) Where debts are due from a defaulting or delinquent postmaster, contractor, or other officer, agent or employee of the Post Office Department, a warrant of attachment may issue against all property and legal and equitable rights belonging to him, and his sureties, or either of them, where he

(1) is a nonresident of the district where he was appointed, or has departed from that district for the purpose of permanently residing outside thereof, or of avoiding the service of civil process; and

(2) has conveyed away, or is about to convey away any of his property, or has removed or is about to remove the same from the district wherein it is situated, with intent to defraud the United States.

(b) When the property has been removed, the marshal of the district into which it has been removed, upon receipt of certified copies of the warrant, may seize the property and convey it to a convenient place within the jurisdiction of the court which issued the warrant. Alias warrants may be issued upon due application. The warrant first issued remains valid until the return day thereof. (Added Pub. L. 86-682, § 9, Sept. 2, 1960, 74 Stat. 706.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2711 of this title.

§ 2711. Application for warrant.

A United States attorney or assistant United States attorney or a person authorized by the Attorney General

(1) upon his own affidavit or that of another credible person, stating the existence of either of the grounds of attachments enumerated in section 2710 of this title and

(2) upon production of legal evidence of the debt

may apply for a warrant of attachment to a judge, or, in his absence, to the clerk of any court of the United States having original jurisdiction of the cause of action. (Added Pub. L. 86-682, § 9, Sept. 2, 1960, 74 Stat. 707.)

§ 2712. Issue of warrant.

Upon an order of a judge of a court, or, in his absence and upon the clerk's own initiative, the clerk shall issue a warrant for the attachment of the property belonging to the person specified in the affidavit. The marshal shall execute the warrant

forthwith and take the property attached, if personal, in his custody, subject to the interlocutory or final orders of the court. (Added Pub. L. 86-682, § 9, Sept. 2, 1960, 74 Stat. 707.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2713 of this title. § 2713. Trial of ownership of property.

Not later than twenty days before the return day of a warrant issued under section 2712 of this title, the party whose property is attached, on notice to the United States Attorney, may file a plea in abatement, denying the allegations of the affidavit, or denying ownership in the defendant of the property attached. The court, upon application of either party, shall order a trial by jury of the issues. Where the parties, by consent, waive a trial by jury, the court shall decide the issues. A party claiming ownership of the property attached and seeking its return is limited to the remedy afforded by this section, but his right to an action of trespass, or other action for damages, is not impaired. Pub. L. 86-682, § 9, Sept. 2, 1960, 74 Stat. 707.)

(Added

§ 2714. Investment of proceeds of attached property. When the property attached is sold on an interlocutory order or is producing revenue, the money arising from the sale or revenue shall be invested, under the order of the court, in securities of the United States. The accretions therefrom are subject to the order of the court. (Added Pub. L. 86-682, § 9, Sept. 2, 1960, 74 Stat. 707.)

§ 2715. Publication.

The marshal shall cause publication of an executed warrant of attachment

(1) for two months in case of an absconding debtor, and

(2) for four months in case of a nonresident debtor

in a newspaper published in the district where the property is situated pursuant to the details of the order under which the warrant is issued. (Added Pub. L. 86-682, § 9, Sept. 2, 1960, 74 Stat. 707.) § 2716. Personal notice.

After the first publication of the notice of attachment, a person indebted to, or having possession of property of a defendant and having knowledge of the notice, shall answer for the amount of his debt or the value of the property. Any disposal or attempted disposal of the property, to the injury of the United States, is unlawful. When the person indebted to, or having possession of the property of a defendant, is known to the United States attorney or marshal, the officer shall cause a personal notice of the attachment to be served upon him, but the lack of the notice does not invalidate the attachment. (Added Pub. L. 86-682, § 9, Sept. 2, 1960, 74 Stat. 707.)

§ 2717. Discharge.

The court, or a judge thereof, upon

(1) application of the party when property has been attached and

(2) execution to the United States of a penal bond, approved by a judge, in double the value of the property attached and conditioned upon the return of the property or the payment of any judgment rendered by the court

may discharge the warrant of attachment as to the property of the applicant. (Added Pub. L. 86-682, § 9, Sept. 2, 1960, 74 Stat. 708.)

§ 2718. Interest on balances due department.

In suits for balances due the Post Office Department may recover interest at the rate of 6 per centum per year from the time of default. (Added Pub. L. 86-682, § 9, Sept. 2, 1960, 74 Stat. 708.)

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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.

§ 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 correcting his antisocial tendencies and ending his dependence on addicting drugs 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 1 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 or mandatory release, has not been fully served: Provided, That an individual on probation, parole, 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, and amended Pub. L. 91-513, title III, § 1102(1), Oct. 27, 1970, 84 Stat. 1293.)

REFERENCES IN TEXT

Section 102(16) of the Controlled Substances Act, referred to in subsec. (a), is set out as section 802 (16) of Title 21, Food and Drugs.

"This Act", referred to in subsec. (g) (5), means Pub. L. 89-793, which enacted this chapter, chapter 314 of title 18, and chapter 42 of title 42, amended section 7237 (d) of title 26 and section 257 of title 42, and enacted provisions set out as notes under section 4202 of title 18 and section 3401 of title 42.

AMENDMENTS

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," following "narcotic drug".

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-513 effective on the first day of the seventh calendar month that begins after Oct. 26, 1970, see section 1105 (a) of Pub. L. 91-513, set out as a 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.

§ 2902. Discretionary authority of court; examination, report, and determination by court; termination of civil commitment.

(a) If the United States district court believes that an eligible individual is an addict, the court may advise him at his first appearance or thereafter at the sole discretion of the court that the prosecution of the criminal charge will be held in abeyance if he elects to submit to an immediate examination to determine whether he is an addict and is likely to be rehabilitated through treatment. In offering an individual an election, the court shall advise him that if he elects to be examined, he will be confined during the examination for a period not to exceed sixty days; that if he is determined to be an addict who is likely to be rehabilitated, he will be civilly committed to the Surgeon General for treatment; that he may not voluntarily withdraw from the examination or any treatment which may follow; that the treatment may last for thirty-six months; that during treatment, he will be confined in an institution and, at the discretion of the Surgeon General, he may be conditionally released for supervised aftercare treatment in the community; and that if he successfully completes treatment the charge will be dismissed, but if he does not, prosecution on the charge will be resumed. An individual upon being advised that he may elect to submit to an examination shall be permitted a maximum of five days within which to make his election. Except on a showing that a timely election could not have been made, an individual shall be barred from an election after the prescribed period. An individual who elects civil commitment shall be placed in the custody of the Attorney General or the Surgeon General, as the court directs, for an examination by the Surgeon General during a period not to exceed thirty days. This period may, upon notice to the court and the appropriate United States attorney, be extended by the Surgeon General for an additional thirty days.

(b) The Surgeon General shall report to the court the results of the examination and recommend whether the individual should be civilly committed. A copy of the report shall be made available to the individual and the United States attorney. If the court, acting on the report and other information coming to its attention, determines that the individual is not an addict or is an addict not likely to be rehabilitated through treatment, the individual shall be held to answer the abeyant charge. If the court determines that the individual is an addict and is likely to be rehabilitated through treatment, the court shall commit him to the custody of the Surgeon General for treatment, except that no individual shall be committed under this chapter if the Surgeon General certifies that adequate facilities or personnel for treatment are unavailable.

(c) Whenever an individual is committed to the custody of the Surgeon General for treatment under this chapter the criminal charge against him shall be continued without final disposition and shall be dismissed if the Surgeon General certifies to the court that the individual has successfully completed

the treatment program. On receipt of such certification, the court shall discharge the individual from custody and dismiss the charge against him. If prior to such certification the Surgeon General determines that the individual cannot be further treated as a medical problem, he shall advise the court. The court shall thereupon terminate the commitment, and the pending criminal proceeding shall be resumed.

(d) An individual committed for examination or treatment shall not be released on bail or on his own recognizance.

(e) Whoever escapes or attempts to escape while committed to institutional custody for examination or treatment, or whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempt to escape of such a person, shall be subject to the penalties provided in sections 751 and 752 of title 18, United States Code. (Added Pub. L. 89-793, title I, § 101, Nov. 8, 1966, 80 Stat. 1439.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2906 of this title.

§ 2903. Authority and responsibilities of the Surgeon General; institutional custody; aftercare; maximum period of civil commitment; credit toward sentence.

(a) An individual who is committed to the custody of the Surgeon General for treatment under this chapter shall not be conditionally released from institutional custody until the Surgeon General determines that he has made sufficient progress to warrant release to a supervisory aftercare authority. If the Surgeon General is unable to make such a determination at the expiration of twenty-four months after the commencement of institutional custody, he shall advise the court and the appropriate United States attorney whether treatment should be continued. The court may affirm the commitment or terminate it and resume the pending criminal proceeding.

(b) An individual who is conditionally released from institutional custody shall, while on release, remain in the legal custody of the Surgeon General and shall report for such supervised aftercare treatment as the Surgeon General directs. He shall be subject to home visits and to such physical examination and reasonable regulation of his conduct as the supervisory aftercare authority establishes, subject to the approval of the Surgeon General. The Surgeon General may, at any time, order a conditionally released individual to return for institutional treatment. The Surgeon General's order shall be a sufficient warrant for the supervisory aftercare authority, a probation officer, or any Federal officer authorized to serve criminal process within the United States to apprehend and return the individual to institutional custody as directed. If it is determined that an individual has returned to the use of narcotics, the Surgeon General shall inform the court of the conditions under which the return occurred and make a recommendation as to whether treatment should be continued. The court may affirm the commitment or terminate it and resume the pending criminal proceeding.

(c) The total period of treatment for any individual committed to the custody of the Surgeon General shall not exceed thirty-six months. If, at the

expiration of such maximum period, the Surgeon General is unable to certify that the individual has successfully completed his treatment program the pending criminal proceeding shall be resumed.

(d) Whenever a pending criminal proceeding against an individual is resumed under this chapter, he shall receive full credit toward the service of any sentence which may be imposed for any time spent in the institutional custody of the Surgeon General or the Attorney General or any other time spent in institutional custody in connection with the matter for which sentence is imposed. (Added Pub. L. 89793, title I, § 101, Nov. 8, 1966, 80 Stat. 1440.)

§ 2904. Civil commitment not a conviction; use of test results.

The determination of narcotic addiction and the subsequent civil commitment under this chapter shall not be deemed a criminal conviction. The results of any tests or procedures conducted by the Surgeon General or the supervisory aftercare authority to determine narcotic addiction may only be used in a further proceeding under this chapter. They shall not be used against the examined individual in any criminal proceeding except that the fact that he is a narcotic addict may be elicited on his cross-examination as bearing on his credibility as a witness (Added Pub. L. 89-793, title I, § 101, Nov. 8, 1966, 80 Stat. 1441.)

§ 2905. Delegation of functions by Surgeon General: use of Federal, State, and private facilities.

(a) The Surgeon General may from time to time make such provision as he deems appropriate authorizing the performance of any of his functions under this chapter by any other officer or employee of the Public Health Service, or with the consent of the head of the Department or Agency concerned, by any Federal or other public or private agency or officer or employee thereof.

(b) The Surgeon General is authorized to enter into arrangements with any public or private agency or any person under which appropriate facilities or services of such agency or person, will be made available, on a reimbursable basis or otherwise, for the examination or treatment of individuals who elect civil commitment under this chapter. (Added Pub. L. 89-793, title I, § 101, Nov. 8, 1966, 80 Stat. 1441.)

§ 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.

The failure of a court to offer a defendant an election under section 2902 (a) of this chapter, or a determination relative to civil commitment under this chapter shall not be reviewable on appeal or otherwise. (Added Pub. L. 89-793, title I, § 101, Nov. 8, 1966, 80 Stat. 1441.)

Rule

1. Clerk.

2. Library.

3. Term.

APPENDIX

RULES OF THE SUPREME COURT OF THE UNITED STATES

ADOPTED JUNE 15, 1970, EFFECTIVE JULY 1, 1970, AS AMENDED TO DECEMBER 31, 1970

PART I-THE COURT

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14. Dismissing appeals for non-prosecution.

15. Jurisdictional statement.

16. Motion to dismiss or affirm.

17. Use of single appendix.

18. Supersedeas on appeal.

PART V. JURISDICTION ON WRIT OF CERTIORARI 19. Considerations governing review on certiorari. 20. Certiorari to a court of appeals before judgment. 21. Review on certiorari-how sought-parties. 22. Review on certiorari-time for petitioning.

23. The petition for certiorari.

24. Brief in opposition-reply-supplemental briefs. 25. Order granting or denying certiorari.

26. Use of single appendix.

27. Stay pending review of certiorari.

PART VI. JURISDICTION OF CERTIFIED QUESTIONS

33. Service and special rule where constitutionality of act of Congress in issue.

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28. Questions certified by a court of appeals or by the court of claims.

29. Procedure in certified cases.

PART VII. JURISDICTION TO ISSUE EXTRAORDINARY WRITS 30. Considerations governing issuance of extraordinary writs.

31. Procedure on applications for extraordinary writs. 32. Certiorari to correct diminution of record abolished. PART VIII.-PRACTICE

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