[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR78.3]



[Page 281]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 78_CONDITIONS FOR WAIVER OF DENIAL OF FEDERAL BENEFITS--Table of 

Contents

 

Sec.  78.3  Benefits not denied to rehabilitated offenders.



    (a) No individual convicted of any Federal or State offense 

involving the distribution of controlled substances shall be denied 

Federal benefits relating to long-term drug treatment programs for 

addiction under 21 U.S.C. 853a(a)(2) if:

    (1) The individual declares himself or herself to be an addict and 

submits to a long-term treatment program for addiction as defined by 

Sec.  78.2(b), provided that in the determination of the sentencing 

court there is a reasonable body of evidence to substantiate the 

individual's declaration that such individual is an addict; or

    (2) The individual is, in the determination of the sentencing court, 

deemed to be rehabilitated as defined by Sec.  78.2(a).

    (b) No individual convicted of any Federal or State offense 

involving the possession of controlled substances shall be denied any 

Federal benefit, or otherwise subject to penalties and conditions, under 

21 U.S.C. 853a(b)(2) if:

    (1) The individual declares himself or herself to be an addict and 

submits to a long-term treatment program for addiction as defined by 

Sec.  78.2(b), provided that in the determination of the sentencing 

court there is a reasonable body of evidence to substantiate the 

individual's declaration that such individual is an addict; or

    (2) The individual is, in the determination of the sentencing court, 

deemed to be rehabilitated as defined by Sec.  78.2(a).