Tom C. Clark

“ This view point is premised upon the theme that § 11721 is a 'criminal' provision authorizing a punishment, for the majority admits that 'a State might establish a program of compulsory treatment for those addicted to narcotics' which 'might require periods of involuntary confinement.' I submit that California has done exactly that. The majority's error is in instructing the California Legislature that hospitalization is the only treatment for narcotics addiction-that anything less is a punishment denying due process. ”

“ Thus, the 'criminal' provision applies to the incipient narcotic addict who retains self-control, requiring confinement of three months to one year and parole with frequent tests to detect renewed use of drugs. Its overriding purpose is to cure the less seriously addicted person by preventing further use. On the other hand, the 'civil' commitment provision deals with addicts who have lost the power of self-control, requiring hospitalization up to two years. Each deals with a different type of addict but with a common purpose. ”

“ It is no answer to suggest that we are dealing with an involuntary status and thus penal sanctions will be ineffective and unfair. The section at issue applies only to persons who use narcotics often or even daily but not to the point of losing self-control. When dealing with involuntary addicts California moves only through § 5355 of its Welfare Institutions Code which clearly is not penal. ”