ORS 430.399
When person must be taken to treatment facility or sobering facility

  • admission or referral
  • when jail custody may be used
  • confidentiality of records

(1)

Any person who is intoxicated or under the influence of controlled substances in a public place may be sent home or taken to a sobering facility or to a treatment facility by a police officer. If the person is incapacitated, the person shall be taken by the police officer to an appropriate treatment facility or sobering facility. If the health of the person appears to be in immediate danger, or the police officer has reasonable cause to believe the person is dangerous to self or to any other person, the person shall be taken by the police officer to an appropriate treatment facility or sobering facility. A person shall be deemed incapacitated when in the opinion of the police officer the person is unable to make a rational decision as to acceptance of assistance.

(2)

When a person is taken to a treatment facility, the director of the treatment facility shall determine whether the person shall be admitted as a patient, referred to another treatment facility or a sobering facility or denied referral or admission. If the person is incapacitated or the health of the person appears to be in immediate danger, or if the director has reasonable cause to believe the person is dangerous to self or to any other person, the person must be admitted. The person shall be discharged within 48 hours unless the person has applied for voluntary admission to the treatment facility.

(3)

When a person is taken to a sobering facility, the staff of the sobering facility shall, consistent with the facility’s comprehensive written policies and procedures, determine whether or not the person shall be admitted into the sobering facility. A person who is admitted shall be discharged from the sobering facility within 24 hours.

(4)

In the absence of any appropriate treatment facility or sobering facility, or if a sobering facility determines that a person should not be admitted to the sobering facility, an intoxicated person or a person under the influence of controlled substances who would otherwise be taken by the police officer to a treatment facility or sobering facility may be taken to the city or county jail where the person may be held until no longer intoxicated, under the influence of controlled substances or incapacitated.

(5)

An intoxicated person or person under the influence of controlled substances, when taken into custody by the police officer for a criminal offense, shall immediately be taken to the nearest appropriate treatment facility when the condition of the person requires emergency medical treatment.

(6)

The records of a person at a treatment facility or sobering facility may not, without the person’s consent, be revealed to any person other than the director and staff of the treatment facility or sobering facility. A person’s request that no disclosure be made of admission to a treatment facility or sobering facility shall be honored unless the person is incapacitated or disclosure of admission is required by ORS 430.397 (Voluntary admission of person to treatment facility). [Formerly 426.460; 2011 c.673 §30; 2015 c.730 §3]
Note: See note under 430.397 (Voluntary admission of person to treatment facility).

Source: Section 430.399 — When person must be taken to treatment facility or sobering facility; admission or referral; when jail custody may be used; confidentiality of records, https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html.

Notes of Decisions

Under evidence that person was found by police officers face down by curb and was determined by them to be intoxicated and incapacitated, and that officers had been notified by nearby detoxification facility that facility would not accept patients who were non-ambulatory; whether there was an absence of an appropriate treatment facility was question for jury. Tindall v. Multnomah County, 31 Or App 279, 570 P2d 979 (1977)

Police could not, without warrant, in noncriminal, nonemergency situation, open closed container seized from intoxicated person at the time person was booked into holding facility pursuant to this section where purpose of opening containers was to detect evidence of crime rather than to aid person. State v. Lawrence, 58 Or App 423, 648 P2d 1338 (1982), Sup Ct review denied

It was improper under this section for police to conduct full custodial search of intoxicated person at the scene of a stop before transportation to a holding facility or civil hold when they did not have a warrant and purpose was to detect contraband as well as weapons. State v. Keyes, 61 Or App 434, 657 P2d 724 (1983)

Police officer who takes person to police station for detoxification pursuant to this section may not open closed containers for purposes of inventory. State v. Perry, 298 Or 21, 688 P2d 827 (1984)

Legislature did not intend this statute to immunize intoxicated person from criminal prosecution for other criminal conduct. State v. Westlund, 302 Or 225, 729 P2d 541 (1986)

During inventory conducted on civil detoxification hold, paperfold removed from defendant’s front pants pocket that was recognized by officer as type used to package cocaine entitled officer to seize evidence of crime that was in plain view, without warrant, and to use evidence at defendant’s criminal trial. State v. Lippert, 317 Or 397, 856 P2d 634 (1993)

Breach of duty to act regarding incapacitated person creates cause of action for statutory tort, but not for negligence per se. Scovill v. City of Astoria, 324 Or 159, 921 P2d 1312 (1996)

“Public place” means place that public is free to enter at will. State v. Premsingh, 154 Or App 682, 962 P2d 732 (1998)

Authority of treatment facility to conduct inventory search may be implied from decision of politically accountable body to establish facility. State v. Ketelson, 163 Or App 70, 986 P2d 1202 (1999)

Law Review Citations

77 OLR 497 (1998); 52 WLR 383 (2016)

430.010
Definitions
430.021
Functions of Department of Human Services and Oregon Health Authority
430.030
Application of ORS 430.021
430.050
Mental Health Advisory Board
430.073
Consumer Advisory Council
430.075
Consumer participation on task forces, commissions, advisory groups and committees
430.078
Rules
430.140
Federal grants for promoting mental health
430.160
Federal funds deposited in special account
430.165
Fee schedules
430.195
Receipt of funds for client use
430.197
Mental Health Services Fund
430.205
Definitions for ORS 430.205 and 430.210
430.210
Rights of persons receiving mental health services
430.212
Reconnection of family members to individual with developmental disability
430.215
Responsibility for developmental disability services and psychiatric treatment services for children
430.216
Report to Legislative Assembly
430.220
Director
430.221
Commission members
430.223
Comprehensive addiction, prevention, treatment and recovery plan
430.230
Definitions
430.231
Improving People’s Access to Community-based Treatment, Supports and Services Program established
430.233
Improving People’s Access to Community-based Treatment, Supports and Services Account
430.234
Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established
430.235
Grant Review Committee
430.236
Establishment of quality improvement subcommittee
430.238
State funding to counties, Indian tribes or regional consortia for enhancing and sustaining support and services provided to target population
430.243
Grants to coordinated care organizations authorized
430.245
Identification of costs and cost savings from program
430.254
Goal of treatment programs for persons with substance use disorders
430.256
Planning and administering alcohol and drug treatment programs
430.262
Registration of sobering facilities
430.265
Contracts with federal government for substance use disorder services
430.270
Publicizing effects of alcohol and drugs
430.272
Educational resources on risks of inhalant use
430.274
Oregon Health Authority to establish peer- and community-driven programs to provide behavioral health services
430.275
Oregon Health Authority to provide funding for peer respite centers
430.278
Oregon Health Authority to evaluate rules governing behavioral health programs to reduce administrative burdens on providers
430.306
Definitions
430.315
Policy
430.335
Responsibility of Oregon Health Authority relating to care of individuals with substance use disorders
430.338
Purposes of laws related to alcoholism
430.342
Local planning committees
430.345
Grants for prevention of, intervention in and treatment for substance use disorders
430.347
Definitions for ORS 430.345 to 430.380
430.350
Assistance and recommendation of local planning committee
430.355
Grant application may cover more than one service
430.357
Minimum standards
430.358
Opioid treatment center required to accept Medicare payments
430.359
Funding of services
430.362
Application requirements for priority consideration
430.364
Consideration given requests for priority
430.366
Requirements for service proposals and data reporting
430.368
Appeal and review of funding requests
430.370
County contracts for services
430.375
Fee schedule
430.380
Mental Health Alcoholism and Drug Services Account
430.381
Construction
430.383
Findings and policy
430.384
Drug Treatment and Recovery Services Fund established
430.386
Moneys in fund not to replace current funding for programs and services
430.387
Distribution of moneys in fund
430.388
Oversight and Accountability Council
430.389
Council to oversee and approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services
430.390
Administration of grants
430.391
Behavioral Health Resource Network statewide telephone hotline
430.392
Secretary of State to audit use of funds from Drug Treatment and Recovery Services Fund
430.393
Report to Legislative Assembly
430.397
Voluntary admission of person to treatment facility
430.399
When person must be taken to treatment facility or sobering facility
430.401
Liability of public officers, providers, treatment facilities and sobering facilities
430.402
Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs
430.405
Definition
430.415
Drug dependence as illness
430.420
Integration of drug treatment services into criminal justice system
430.422
Drug Prevention and Education Fund
430.424
Distribution of funds
430.426
Rules
430.450
Definitions for ORS 430.450 to 430.555
430.455
Information to arrested person believed to have substance use disorder
430.460
Consent to evaluation
430.465
Referral for evaluation
430.470
Notice of right to evaluation if not given at time of arrest
430.475
Evaluation results as evidence
430.480
Effect of ORS 430.450 to 430.555 on other evidence
430.485
Treatment may be ordered
430.490
Diversion plan for defendant
430.495
Content of diversion plan
430.500
Dismissal of charges
430.505
Expunction of verdict
430.510
Notice when treatment unsuccessful
430.515
Procedure to terminate treatment
430.535
Requirement to develop bilingual forms
430.540
Designation of and standards for evaluation sites
430.545
Procedures at evaluation sites
430.550
Discrimination prohibited
430.555
Liability for violation of civil rights or injuries to participant
430.560
Oregon Health Authority adoption of requirements for contracted drug treatment programs
430.565
Nonapplicability of drug laws to certain persons in treatment program
430.570
Information concerning opiate inhibitors to be made available
430.572
Internet access to providers of opiate use disorder treatment
430.573
Statewide capacity to provide opiate use disorder treatment
430.590
Regulation of location of methadone clinic
430.610
Legislative policy
430.620
Establishment of community mental health and developmental disabilities programs by one or more counties
430.626
Definitions
430.627
Statewide coordinated crisis system
430.628
City and community mental health program provision of crisis stablilization services
430.629
Planning and ongoing oversight of services
430.630
Services to be provided by community mental health programs
430.631
Local advisory committees
430.632
Report on implementation of comprehensive local plan for delivery of mental health services
430.634
Evaluation of programs
430.637
Criteria for certificate of approval issued to mental health or substance use disorder treatment provider
430.638
Immunity from civil liability for reliance on certificate of approval
430.640
Duties of Oregon Health Authority in assisting and supervising community mental health programs
430.641
Behavioral Health Housing Incentive Fund established
430.643
Disbursement of moneys in fund
430.644
Priorities for services provided by community mental health programs
430.646
Priorities for services for persons with mental or emotional disturbances
430.648
Funding distribution formula
430.651
Use of population data in funding formula
430.662
Duties of Department of Human Services to provide or to contract for provision of community developmental disabilities services
430.664
Requirements for developmental disabilities programs and support service brokerages
430.670
Contracts to provide services
430.672
Contract requirements for community mental health or developmental disabilities programs
430.673
Mediation
430.694
Applicability of federal law to activities under ORS 430.610 to 430.695 involving federal funds
430.695
Treatment of certain receipts as offsets to state funds
430.705
Mental health services for children
430.708
Priority for preventive services for children
430.709
Funding of regional centers for treatment of adolescents with substance use disorders
430.715
Hospital services
430.717
Collection of data regarding demand and capacity for intensive behavorial health treatment for children and adolescents
430.725
Gifts and grants
430.731
Uniform investigation procedures
430.735
Definitions for ORS 430.735 to 430.765
430.737
Mandatory reports and investigations
430.738
Privileges not applicable to abuse proceedings
430.739
County multidisciplinary teams
430.743
Abuse report
430.745
Investigation of abuse
430.746
Training requirements for persons investigating reports of alleged abuse
430.747
Photographs of victim during investigation
430.753
Immunity of persons making reports in good faith
430.755
Retaliation prohibited
430.756
Immunity of employer reporting abuse by employee
430.757
Reports of abuse to be maintained by Department of Human Services
430.763
Confidentiality of records
430.765
Duty of officials to report abuse
430.768
Claims of self-defense addressed in certain reports of abuse
430.850
Treatment program
430.860
Participation in program
430.870
Rules
430.880
Gifts, grants or services
430.900
Definitions for ORS 430.900 to 430.930
430.905
Policy
430.915
Health care providers to encourage counseling and therapy
430.920
Risk assessment for drug and alcohol use
430.930
Substance use disorder education at Oregon Health and Science University
430.955
Standardized screening instrument
Green check means up to date. Up to date