Chapter 303 Oregon Laws 2005

AN ACT

SB 114

Relating to evaluation fees for driving while under the influence of intoxicants; amending ORS 813.021 and 813.240; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 813.021 is amended to read:

813.021. (1) When a court, in accordance with ORS 813.020, requires a person to complete a screening interview and a treatment program, the court shall require the person to do all of the following:

(a) Complete a screening interview for the purpose of determining appropriate placement of the person in a program for treatment for alcoholism, drug dependency or dependency on inhalants.

(b) Pay directly to the agency or organization conducting the screening interview a fee of [$90] $150.

(d) Pay for the treatment program to which the person is referred.

(2) The screening interview required by this section shall be conducted by an agency or organization designated by the court. The designated agency or organization must meet the standards set by the Director of Human Services to conduct the screening interviews. Wherever possible a court shall designate agencies or organizations to perform the screening interview that are separate from those that may be designated to carry out a treatment program.

(3) An agency or organization doing a screening interview under this section may not refer a person to a treatment program that has not been approved by the Director of Human Services.

(4) The agency or organization conducting a screening interview under this section shall monitor the progress of the person referred to the agency or organization. The agency or organization shall make a report to the referring court stating the person’s successful completion or failure to complete all or any part of the screening interview or of the treatment program to which the person was referred by the agency or organization. The report shall be in a form determined by agreement between the court and the agency or organization.

SECTION 2. ORS 813.240 is amended to read:

813.240. (1) The filing fee paid by a defendant at the time of filing a petition for a driving while under the influence of intoxicants diversion agreement as provided in ORS 813.210 shall be $237 and shall be ordered paid as follows if the petition is allowed:

(a) $112 to be credited and distributed under ORS 137.295 as an obligation payable to the state;

(b) $100 to be treated as provided for disposition of fines and costs under ORS 153.630; and

(c) $25 to be paid to the Director of Human Services for deposit in the Intoxicated Driver Program Fund created under ORS 813.270, to be used for purposes of the fund.

(2) In addition to the filing fee under subsection (1) of this section, the court shall order the defendant to pay [$90] $150 directly to the agency or organization providing the diagnostic assessment.

(3) In addition to the filing fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the court shall collect a surcharge of $71 upon the filing of a petition for a driving while under the influence of intoxicants diversion agreement that is allowed.

SECTION 3. ORS 813.240, as amended by section 72, chapter 737, Oregon Laws 2003, is amended to read:

813.240. (1) The filing fee paid by a defendant at the time of filing a petition for a driving while under the influence of intoxicants diversion agreement as provided in ORS 813.210 shall be $261 and shall be ordered paid as follows if the petition is allowed:

(a) $136 to be credited and distributed under ORS 137.295 as an obligation payable to the state;

(b) $100 to be treated as provided for disposition of fines and costs under ORS 153.630; and

(c) $25 to be paid to the Director of Human Services for deposit in the Intoxicated Driver Program Fund created under ORS 813.270, to be used for purposes of the fund.

SECTION 4. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect July 1, 2005.

Approved by the Governor June 28, 2005

Filed in the office of Secretary of State June 28, 2005

Effective date July 1, 2005

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