Mental Health

ORS 430.460
Consent to evaluation

  • effect of refusal

Upon obtaining the written consent of the arrested person, the officer or person making the arrest shall request an approved site to conduct an evaluation to determine whether the arrested person is drug dependent. Refusal of the arrested person to consent to the evaluation is not admissible in evidence upon the trial of the arrested person. [1977 c.871 §8]
§§ 430.450 to 430.555

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)


Last accessed
Jun. 26, 2021