2015 ORS 430.455¹
Information to drug-dependent person upon arrest

When a person is arrested for violation of the criminal statutes of this state which do not involve crimes of violence against another person, and the officer or person making the arrest has reasonable grounds for believing the arrested individual is a drug-dependent person, the officer or person making the arrest may:

(1) Fully inform the arrested person of the right of the arrested person to evaluation and the possible consequences of such evaluation;

(2) Inform the arrested person of the right of the arrested person to counsel before consenting to evaluation; and

(3) Fully explain the voluntary nature of the evaluation and the limitations upon the confidentiality of the information obtained during the evaluation. [1977 c.871 §7]

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.