2015 ORS 430.399¹
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).

(formerly 426.460)

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)

Atty. Gen. Opinions

Authorized contracts and expenditures, (1977) Vol 38, p 1618


1 Legislative Counsel Committee, CHAPTER 430—Mental Health; Developmental Disabilities; Alcohol and Drug Treatment Programs, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors430.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 430, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano430.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.