2011 Oregon Revised Statutes
ORS Volume 10, Chapters 366 - 430
ORS Chapter 430
430.850 Treatment program; eligibility.

(1) Subject to the availability of funds therefor, the Oregon Health Authority may establish and administer a treatment program with courts, with the consent of the judge thereof, for any person convicted of driving under the influence of alcohol, or of any crime committed while the defendant was intoxicated when the judge has probable cause to believe the person is an alcoholic or problem drinker and would benefit from treatment, who is eligible under subsection (2) of this section to participate in such program. The program must meet minimum standards established by the authority under ORS 430.357.

(2) A person eligible to participate in the program is a person who:

(a)(A) Has been convicted of driving under the influence of alcohol if such conviction has not been appealed, or if such conviction has been appealed, whose conviction has been sustained upon appeal; or

(B) Has been convicted of any crime committed while the defendant was intoxicated if such conviction has not been reversed on appeal, and when the judge has probable cause to believe the person is an alcoholic or problem drinker and would benefit from treatment; and

(b)(A) Has been referred by the participating court to the authority for participation in the treatment program;

(B) Prior to sentencing, has been medically evaluated by the authority and accepted by the authority as a participant in the program;

(C) Has consented as a condition to probation to participate in the program; and

(D) Has been sentenced to probation by the court, a condition of which probation is participation in the program according to the rules adopted by the authority under ORS 430.870. [1973 c.340 1; 1993 c.14 25; 2009 c.595 525; 2011 c.673 36]