2015 ORS § 430.450¹

Definitions for ORS 430.450 to 430.555

As used in ORS 430.450 (Definitions for ORS 430.450 to 430.555) to 430.555 (Liability for violation of civil rights or injuries to participant), unless the context requires otherwise:

(1) Authority means the Oregon Health Authority.

(2) Community diversion plan means a system of services approved and monitored by the Oregon Health Authority in accordance with approved county mental health plans, which may include but need not be limited to, medical, educational, vocational, social and psychological services, training, counseling, provision for residential care, and other rehabilitative services designed to benefit the defendant and protect the public.

(3) Crimes of violence against the person means criminal homicide, assault and related offenses as defined in ORS 163.165 (Assault in the third degree) to 163.208 (Assaulting a public safety officer), rape and sexual abuse, incest, or any other crime involving the use of a deadly weapon or which results in physical harm or death to a victim.

(4) Diversion means the referral or transfer from the criminal justice system into a program of treatment or rehabilitation of a defendant diagnosed as drug dependent and in need of treatment at authority approved sites, on the condition that the defendant successfully fulfills the specified obligations of a program designed for rehabilitation.

(5) Diversion coordinator means a person designated by a county mental health program director to work with the criminal justice system and health care delivery system to screen defendants who may be suitable for diversion; to coordinate the formulation of individual diversion plans for such defendants; and to report to the court the performance of those defendants being treated under an individual diversion plan.

(6) Director of the treatment facility means the person in charge of treatment and rehabilitation programs at the treatment facility.

(7) Drug abuse means repetitive, excessive use of a drug or controlled substance short of dependence, without medical supervision, which may have a detrimental effect on the individual or society.

(8) Drug-dependent person means one who has lost the ability to control the personal use of controlled substances or other substances with abuse potential, or who uses such substances or controlled substances to the extent that the health of the person or that of others is substantially impaired or endangered or the social or economic function of the person is substantially disrupted. A drug-dependent person may be physically dependent, a condition in which the body requires a continuing supply of a drug or controlled substance to avoid characteristic withdrawal symptoms, or psychologically dependent, a condition characterized by an overwhelming mental desire for continued use of a drug or controlled substance.

(9) Evaluation means any diagnostic procedures used in the determination of drug dependency, and may include but are not limited to chemical testing, medical examinations and interviews.

(10) Individual diversion plan means a system of services tailored to the individuals unique needs as identified in the evaluation, which may include but need not be limited to medical, educational, vocational, social and psychological services, training, counseling, provision for residential care, and other rehabilitative services designed to benefit the defendant and protect the public. The plan shall include appropriate methods for monitoring the individuals progress toward achievement of the defined treatment objectives and shall also include periodic review by the court.

(11) Treatment facility means detoxification centers, outpatient clinics, residential care facilities, hospitals and such other facilities determined to be suitable by the authority as meeting minimum standards under ORS 430.357 (Minimum standards), any of which may provide diagnosis and evaluation, medical care, detoxification, social services or rehabilitation. [1977 c.871 §2; 1979 c.744 §26; 2001 c.900 §139; 2009 c.595 §499; 2011 c.673 §33]

Notes of Decisions

These sec­tions do not confer on drug-dependent defendants right to choose treat­ment in lieu of pros­e­cu­­tion nor is there any due process or equal protec­tion right to such treat­ment; discre­tion given to prosecutors under these sec­tions does not violate separa­tion of powers doctrine. State v. Graves, 58 Or App 286, 648 P2d 866 (1982)

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.