ORS 430.485¹
Treatment may be ordered

When the results of the evaluation obtained under ORS 430.460 (Consent to evaluation) or 430.465 (Referral for evaluation) indicate that the defendant is a drug-dependent person within the meaning of ORS 430.450 (Definitions for ORS 430.450 to 430.555) to 430.555 (Liability for violation of civil rights or injuries to participant), and the results of the evaluation indicate that such person may benefit in a substantial manner from treatment for drug dependence, the prosecutor, with the concurrence of the court, may direct the defendant to receive treatment as a contingent alternative to prosecution. If defendant refuses treatment, criminal proceedings shall be resumed. [1977 c.871 §15]

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; Substance Abuse Treatment Programs, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors430.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 430, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano430.­html (2019) (last ac­cessed May 16, 2020).
 
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. Currency Information