2007 ORS § 137.228¹
Finding that defendant is alcoholic or drug-dependent person
  • effect

(1) When a defendant is sentenced for a crime, the court may enter a finding that the defendant is an alcoholic or a drug-dependent person, as those terms are defined in ORS 430.306 (Definitions for ORS 430.315 to 430.335, 430.397 and 430.399). The finding may be based upon any evidence before the court, including, but not limited to, the facts of the case, stipulations of the parties and the results of any evaluation conducted under ORS 137.227 (Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person).

(2) When the court finds that the defendant is an alcoholic or a drug-dependent person, the court, when it sentences the defendant to a term of imprisonment, shall direct the Department of Corrections to place the defendant in an appropriate alcohol or drug treatment program, to the extent that resources are available. The alcohol or drug treatment program shall meet the standards promulgated by the Department of Human Services pursuant to ORS 430.357 (Rules for ORS 430.345 to 430.380). [1991 c.630 §§2,3; 2005 c.271 §1]

Note: See note under 137.227 (Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person).