adequate treatment for heroin addicts. The problem does not exist as of this time in the present case, for defendant is in custody on a charge of bail jumping and, if convicted, will presumably be eligible for commitment under Title II of N.A.R.A. or for other rehabilitative care. Thus he is presently and may remain in a kind of structured environment necessary to allow treatment for his addiction. Since, however, the matter will arise in other cases which come before this Court, a full discussion is appropriate here.
By invalidating in part the provision in Title II, 18 U.S.C. § 4251, which makes addicts with two prior felony convictions ineligible for disposition under the Act, the Court in Watson cleared the way for providing rehabilitative measures to a wider class of offenders. Commitment under Title II is available, however, only to convicted offenders, and thus, under Watson, will no longer reach non-trafficking addicts indicted under § 4704 or § 174. Civil commitment under Title I of the Act, 28 U.S.C. § 2901 et seq., would likewise seem unavailable, since eligibility depends upon the existence of a valid indictment charging an offense against the United States. Civil commitment under Title III, 42 U.S.C. § 3411 et seq., is of course open to any addict, but invocation of its provisions requires a voluntary petition by the addict or by a "related individual." The ultimate effect of Watson, therefore, may be paradoxically to narrow the class of addicts treated under the Narcotic Addict Rehabilitation Act. The Court of Appeals might consider whether, under the analogy to the insanity defense or by interpretation of the N.A.R.A. provisions, any rehabilitative disposition may be made of addicts who gain acquittal or dismissal of an indictment under the Watson-Robinson rationale.
The indictment in Criminal Action No. 1524-69 is hereby dismissed. Defendant will stand trial for bail jumping in Criminal Action No. 864-70 on November 13, 1970.
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