ORS 430.465
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]
§§ 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)


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Last accessed
May. 15, 2020