Mental Health

ORS 430.510
Notice when treatment unsuccessful


If treatment under ORS 430.450 (Definitions for ORS 430.450 to 430.555) to 430.555 (Liability for violation of civil rights or injuries to participant) is unsuccessful, the prosecuting attorney and the court shall be notified before the defendant is released from treatment. After such notice the prosecution may be resumed. If the person has been convicted of the offense for which the person has been arrested, the court may proceed to impose sentence, which shall take into account the period during which the person participated in treatment. [1977 c.871 §25]
§§ 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)


Source

Last accessed
Jun. 26, 2021