Oregon Code § 430.850·Enacted ·Last updated March 01, 2026
Statute Text
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]