Chairman KEFAUVER. You have not heard about the equal-rights amendment out there.

Mr. NEEB. We have heard about it, but not in that department. Chairman KEFAUVER. The local squads, like Los Angeles, San Diego

Mr. NEEB. They employ women police officers and sheriff's officers. Chairman KEFAUVER. In talking of the 30, you are not talking about the narcotics squad of the cities?

Mr. NEEB. Oh, no. The Los Angeles Police Department has a large squad, the sheriff's office has a large squad. As a matter of fact, there is no lack of manpower, but there is a lack of power, if I make myself clear.

Chairman KEFAUVER. Lack of authority.

Mr. NEEB. Yes, lack of authority. We are informed by the customs agents in Los Angeles that so far as airplanes are concerned, they just don't have the manpower to search more than about one plane once a month, and that is not, of course, doing the job.

Chairman KEFAUVER. You are talking about the local

Mr. NEEB. No; I am talking about customs. They can't search planes, either. They don't have the manpower. And we have two of the biggest airfields in the country at San Francisco and Los Angeles, and many planes from overseas.

Chairman KEFAUVER. Of course, heroin and marihuana come in that way as well as being smuggled across the border directly.

Mr. NEEB. Well, it can come in-a pound of it that you would pay about a thousand dollars for in Shanghai, we know 1 place where they make 300 pounds a day, you can buy it for a thousand dollars, and when you get it to Los Angeles it would be worth about $200,000,

and the customs officers have told us that as far as Chinese heroin is concerned, they get about 1 percent of it at the point of entry. The rest of it is confiscated later by local officers and by Mr. Cunningham's men, when it is already in the State.

Again, I am not criticizing the customs officers, but they just don't have enough personnel to do the job in California.

We have a thousand miles of coastline, and a hundred or several hundred miles of border with Mexico, and it is a tremendous problem. Chairman KEFAUVER. Do you agree generally with that situation, Mr. Cunningham?

Mr. CUNNINGHAM. Yes, Mr. Chairman; I do.

Chairman KEFAUVER. Well, may I ask you also while you are here, Mr. Cunningham-for the record, this is George W. Cunningham, Deputy Commissioner of the Bureau of Narcotics-by closing the border, I am sure Mr. Neeb means requiring visas.

Mr. NEEB. That is right.

Chairman KEFAUVER. You do not mean just to close the border. Mr. NEEB. Oh, no.

Chairman KEFAUVER. But requiring a person to have some kind of a permit or visa.

Mr. NEEB. Yes. If they have legitimate business, they certainly could go back and forth.

Chairman KEFAUVER. We certainly don't want to close the border with our Mexican friends, but they as well as we should not object to reasonable measures to stop this traffic.

Mr. NEEB. That is correct.

Chairman KEFAUVER. And visas are what you have in mind? Mr. NEEB. Visa and passport, and if they have legitimate business, they could obtain it.

Chairman KEFAUVER. What is your feeling about that, Mr. Cunningham?

Mr. CUNNINGHAM. Mr. Chairman, I wouldn't be qualified to speak on that, because it involves a lot of international relations, and I have long since learned that it might be well to let the State Department take care of that.

Now, at the last session of Congress, in Senator Daniel's bill, with which you are very familiar, they closed the border under certain instances to addicts, making those addicts register in going to Mexico under penalty.

As to what success they have had with that, I don't know. But I can say with that border as long as it is, and the many places you can cross it, not only by Mr. Neeb's description of the amount of people and the amount of cars that go from southern California to Tijuana, it would be a rather hopeless task.

Chairman KEFAUVER. You have the same thing at Juarez and other places?

Mr. CUNNINGHAM. Well, you don't have the traffic at Juarez that you have in southern California.

Chairman KEFAUVER. You recommended favorable action on our bill, S. 959, requiring permits of some kind for minors to go back and forth, authority from their parents. But that got into international complications, also.

Mr. CUNNINGHAM. That is right.

Chairman KEFAUVER. We would appreciate it if you will send up what you can this afternoon so we can put it in our record.

Mr. CUNNINGHAM. I will get in touch with the enforcement people over at customs, and see what their idea is about it. I am sure they would welcome any help that they can get.

Chairman KEFAUVER. And if we can have it so we can put it in our record and release it to the press this afternoon.

Mr. CUNNINGHAM. Would you like me to ask one of the enforcement people in customs if he might come down this afternoon?

Chairman KEFAUVER. Yes; and bring whatever he can-whatever information or research on what can be done in these matters we are talking about.

Mr. CUNNINGHAM. I will be glad to ask them.

Senator LANGER. What are your total appropriations?
Mr. CUNNINGHAM. The Bureau of Narcotics?

Senator LANGER. Yes; each year.

Mr. CUNNINGHAM. This year it is about $3,400,000.

Senator LANGER. That is not as much as we have appropriated for the wetback enforcement law, is it?

Mr. CUNNINGHAM. I don't know how much you appropriated to those, Senator Langer.

Chairman KEFAUVER. How many agents do you have?

Mr. CUNNINGHAM. On the rolls Friday, we had 271.

Chairman KEFAUVER. Two hundred seventy-one for the whole United States, all of our territories?

Mr. CUNNINGHAM. And Europe.

Chairman KEFAUVER. And Europe.

Mr. CUNNINGHAM. We are recruiting now to the extent of our ability. I might say that we have the money to put on more men, but we are having trouble locating the right type of people. We are attempting to recruit for about 300 as quickly as we can.

Chairman KEFAUVER. I remember when we started these hearings, you had only about 181.

Mr. CUNNINGHAM. 175.

Chairman KEFAUVER. 175?

Mr. CUNNINGHAM. Something like that.

Chairman KEFAUVER. Mr. Mitler, do you want to ask Mr. Cunningham anything before he leaves?

Mr. MITLER. I have no questions.

Mr. CUNNINGHAM. Thank you very much.
Chairman KEFAUVER. Thank you, sir.

Mr. MITLER. Mr. Neeb, you were telling us about the present and existing treatment program in California.

Mr. NEEB. Well, I was about to, and was going to say that we actually prepared a bill. It is rather interesting, because I think there were about 59 narcotic bills introduced at the last meeting of the legislature. Our committee met at the Fairmont Hotel at San Francisco, and we stayed in session about 2 solid days, and we put together what we thought was a bill that was workable, based upon our 2 years of effort and study.

I have copies of it here, if anybody wants to look at it.
Chairman KEFAUVER. It is similar to Bill No. 2334.

Mr. NEEB. Yes, Senator.

Chairman KEFAUVER. Let's make this an exhibit here to your testimony, and have it printed in our record.

Mr. NEEB. All right. I have other copies, if anybody wants them. Chairman KEFAUVER. All right.

(The bill referred to was marked "Exhibit No. 3," and is as follows:)

An act to add Article 2.1 to Chapter 4, Division 10 of, and to amend Section 11721 of the Health and Safety Code, relating to the treatment and punishment of narcotic addicts.

The people of the State of California do enact as follows:

SECTION 1. Article 2.1 is added to Chapter 4, Division 10, of the Health and Safety Code, to read:

"Article 2.1. The California Commission on Drug Addiction "11397. The purpose of this article is to protect the health and safety of the people of the State of California from the menace of drug addiction, to prevent the further spread of such addiction, especially among minors, to provide for the treatment and cure of addicts, to bring about a better and wider understanding of the evils of drug addiction, and to develop through scientific knowledge more effective methods of treatment for those who are chronically addicted to the use of drugs.

"11398. There is in the State Government the California Commission on Drug Addiction.

The commission shall be composed of 11 members and shall include a representative of the Department of Justice, the Department of Public Health, the

Department of Mental Hygiene, the Department of Corrections, and the Youth Authority, designated by the representative heads thereof, and six other members appointed by the Governor of whom three shall be physicians and three shall be laymen. Of the three physician members, at least one shall be a psychiatrist, and of the laymen, at least one shall be a woman. The chairman of the commission shall be elected by the commission each year from the members of the commission other than the ex officio members herein mentioned.

"The appointive members of the commission shall be appointed for a term of four years. The terms of office of the appointive members expire as follows: one on September 19, 1956, two on September 19, 1957, two on September 19, 1958, and two on September 19, 1959, and thereafter in the same relative order. Vacancies shall be filled for the unexpired portions of the terms in which they occur.

"11399. The commission shall appoint an executive secretary whose duties shall be specified by the commission and who shall be paid such compensation for his services as the commission may determine. The commission may employ and appoint such other personnel as may be required in accordance with law.

"The commission shall meet at least every two months and at such other times as called by the chairman or by request of any four members.

"Members of the commission shall serve without compensation, but shall be reimbursed for the necessary expenses incurred in the performance of their duties as members of the commission.

"11400. The commission is empowered to establish general and specific policies relating to the treatment of drug addicts and the other provisions of this article. Preventive and treatment programs shall be carried out by the commission as hereinafter provided.

"The commission shall, in addition to its other duties herein set forth, investigate, study and evaluate all phases of the treatment and rehabilitation of drug addicts and other facts in the reduction and prevention of drug addiction and shall periodically report its findings thereon to the Governor and to the Legislature with its recommendations. The commission shall have the power to have placed at its disposal any and all records pertaining to narcotics or drug addiction from any state or local agency.

"11401. As soon as practicable the commission, in cooperation with appropriate local authorities, shall promote and develop counseling and other services for juveniles to prevent drug addiction.

"The commission shall coordinate existing medical facilities and may contract with existing state or local licensed facilities and services for the purpose of treatment of narcotic addicts as provided by this code.

"11402. There shall be established at places designated by the commission outpatient treatment facilities subject to the control of the commission for narcotic addicts for the purpose of giving cure and treatment to narcotic addicts released under the provisions of Section 11721 of this code as amended. In such communities where it is not feasible to establish such outpatient treatment facilities, the superior court therein shall be empowered to designate any competent physician, who is also a psychiatrist, to give treatment and care to any person still subject to the jurisdiction of said court as provided in Section 11721 as amended. Such outpatient treatment facilities as shall be established by the commission shall be staffed by competent professional personnel, including licensed physicians and surgeons and psychiatrists.

"Nothing contained in this article shall give the right to any physician to administer narcotics to any person in any outpatient treatment facility established hereunder and should it come to the attention of any physician in such outpatient treatment facility that any person subject to its care has returned to the use of narcotics, said physician shall report the same in writing to the superior court. Upon the ascertainment of such facts, said court may then revoke the probation and return said person to the facility to which such person was sent by the court for treatment for a period of not less than one year."

SEC. 2. Section 11721 of the Health and Safety Code is amended to read: "11721. No person shall unlawfully use or be addicted to the unlawful use of narcotics. No person shall be under the influence of narcotics except when such narcotics have been administered by or under the direction of a person licensed by the State to prescribe and administer narcotics. Any person convicted of violating any provision of this section is guilty of a misdemeanor and shall be sentenced to serve a term of not less than 90 days nor more than one year in the county jail. The court may place a person convicted hereunder on probation for a period not to exceed five years and shall in all cases in which

probation is granted require as a condition thereof that such person be confined in the county jail for at least 90 days, or the court may, in its discretion, place the person upon probation for not more than five years and as a condition of said probation, commit said person to a state hospital or other treatment facility authorized by Section 11391 and such person shall be committed to such treatment facility for not less than 90 days and shall remain in said treatment facility or state hospital until such time within the limits of said probationary period when the authorities of such institution may recommend to the court that the said person is ready for release. No person shall be committed to a state hospital pursuant to this section unless the superintendent thereof certifies that facilities are available for the treatment of the person in such hospital. In the event that the superintendent of the state hospital does so certify and the person is committed to the hospital, the county from which the person is committed shall be responsible for the cost of his care in such hospital in the same manner as provided in Sections 5356.1 and 5356.2 of the Welfare and Institutions Code. If the court approves the release of said person from such commitment prior to the completion of the period of probation the court may, as a further condition of probation, order said person to undergo outpatient treatment at an outpatient treatment facility designated by the commission pursuant to Section 11402 of this code. In no event does the court have the power to absolve a person who violates this section from the obligation of spending at least 90 days in confinement in the county jail, treatment facility, or state hospital."

Private Secretary of the Governor.

Mr. NEEB. This bill actually passed unanimously.
Chairman KEFAUVER. Go ahead, Mr. Neeb.

Mr. NEEB. This bill passed. I might say that all the other bills were abandoned when the senators and the assembly read this one, and this was the only narcotic bill, and the legislature united on it and it was passed by both houses.

And then for one reason or another, which I haven't been able to figure out, our Governor vetoed it. At any rate, it didn't become law.

It provides what I think will be the ultimate workable method of treating addicts. It sets up at the State level a State commission on narcotics. That commission would have as a duty, to oversee the handling of narcotic hospital facilities in already existing hospitals, no necessity for spending additional money.

These hospitals, under the supervision of the commission, would be the place where a judge would have to send an addict. The person would be convicted of a misdemeanor only, and they could surrender voluntarily. They would receive a minimum of 90 days at the State hospital, whichever one the judge sent them to.