2015 ORS 430.465¹
Referral for evaluation

A defendant may be informed of the rights of the defendant to evaluation and, upon giving written consent, may be referred for such evaluation at any time prior to conviction for the offense for which the defendant is charged, notwithstanding prior refusal to submit to evaluation. The procedures stipulated in ORS 430.455 (Information to drug-dependent person upon arrest) and 430.460 (Consent to evaluation) shall be followed whenever the right to evaluation is restated under this section. [1977 c.871 §9]

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.