Chapter 126 Oregon Laws 1999
Session Law
AN ACT
HB 2168
Relating to persons
convicted of driving while under the influence of intoxicants; creating new
provisions; and amending ORS 813.020, 813.025, 813.040 and 813.270.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 813.020 is amended to read:
813.020. When a person is convicted of driving under the
influence of intoxicants in violation of ORS 813.010, a court shall comply with
the following in addition to any fine or other penalty imposed upon the person
under ORS 813.010:
(1) The court shall require the person to [do all of the following]:
(a) Pay to the court the fee described under ORS 813.030 in
addition to any fine imposed under ORS 813.010[.]; and
[(b)(A) Complete an examination
by an agency or organization designated by the court to determine whether the
person has a problem condition involving alcohol or controlled substances as
described in ORS 813.040. The designated agencies or organizations must meet
the standards set by the Assistant Director for Alcohol and Drug Abuse Programs
to perform the diagnostic assessment and treatment of problem drinking,
alcoholism and drug dependency and must be certified by the Assistant Director
for Alcohol and Drug Abuse Programs. Wherever possible a court shall designate
agencies or organizations to perform the examination that are separate from
those that may be designated to carry out a program of treatment.]
[(B) Pay directly to the
agency or organization conducting the examination required by subparagraph (A)
of this paragraph, a fee of $90.]
[(c) Complete a treatment
program, paid at the expense of the person convicted, as follows:]
[(A) If the examination
required under this section shows that the person has a problem condition
involving alcohol or controlled substances, a program for rehabilitation for
alcoholism or drug dependence approved by the Assistant Director for Alcohol
and Drug Abuse Programs.]
[(B) If the examination
required by this section shows that the person does not have a problem
condition involving alcohol or controlled substances, an alcohol or drug
information program approved by the Assistant Director for Alcohol and Drug
Abuse Programs.]
(b) Complete a screening
interview and a treatment program as provided in section 3 of this 1999 Act.
(2) The court must impose and not suspend execution of a
sentence requiring the person either to serve at least 48 hours' imprisonment
which shall be served consecutively unless justice requires otherwise or to
perform community service for times specified by the court under ORS 137.129.
For purposes of this subsection:
(a) A court may provide for the imprisonment to be served in
jail, minimum security facilities or inpatient rehabilitation or treatment
centers.
(b) Whenever the judge provides for the mandatory imprisonment
to be served other than consecutively, the judgment must specifically so
provide and the judge must state the reasons in writing.
(3) In a county that has a victim impact program a court may
require the person to attend a victim impact treatment session. If the court
requires attendance under this section, the court may require the defendant to
pay a reasonable fee to the victim impact program to offset the cost of the
defendant's participation. The fee shall be established for each county by the
victim impact panel coordinator and steering committee of that county and shall
be not less than $5 or more than $50.
SECTION 2. Section 3 of this 1999 Act is added to and
made a part of the Oregon Vehicle Code.
SECTION 3. (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 or drug dependency.
(b) Pay directly to the
agency or organization conducting the screening interview a fee of $90.
(c) Complete the treatment
program to which the person is referred.
(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 Assistant Director for Alcohol and Drug Abuse Programs 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 Assistant
Director for Alcohol and Drug Abuse Programs.
(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 4.
ORS 813.025 is amended to read:
813.025. A court may designate a single agency or organization
to perform the screening interviews and
treatment programs described in section 3 of this 1999 Act, or the
diagnostic assessment and treatment described in ORS [813.020 (1) or] 813.260 (1) when the Assistant Director for Alcohol
and Drug Abuse Programs certifies that:
(1) An agency or organization may accept such designations due
to the lack of alternative agencies or organizations in the service area; or
(2) An agency or organization has applied to and been
authorized by the Assistant Director for Alcohol and Drug Abuse Programs to
operate a demonstration project [which]
that combines screening interviews and treatment programs or diagnostic
assessment and treatment. The assistant director shall by rule set forth the
conditions under which a demonstration project may be authorized.
SECTION 5.
ORS 813.040 is amended to read:
813.040. This section establishes, for purposes of ORS 807.060[, 813.020] and 813.500, when a person
has a problem condition involving alcohol or controlled substances. For
purposes of ORS 807.060[, 813.020]
and 813.500, a person has a problem condition involving alcohol or controlled
substances if it is determined that the person has a problem condition in which
the person's health or that of others is substantially impaired or endangered
or the person's social or economic function is substantially disrupted because
of the person's:
(1) Habitual or periodic use of alcoholic beverages; or
(2) Use of or loss of the ability to control the use of
controlled substances or other substances with abuse potential including a
condition that may have developed:
(a) A physical dependence in which the body requires a
continuing supply of a drug or controlled substance to avoid characteristic
withdrawal symptoms; or
(b) A psychological dependence characterized by an overwhelming
mental desire for continued use of a drug or controlled substance.
SECTION 6.
ORS 813.270 is amended to read:
813.270. The Intoxicated Driver Program Fund is created to
consist of moneys placed in the fund under ORS 813.030 and 813.240 or as
otherwise provided by law and of gifts and grants made to the fund for carrying
out the purposes of the fund. The moneys in the fund may be used only for the
following purposes:
(1) To pay for providing treatment for individuals who enter
diversion agreements under ORS 813.200 and who are found to be indigent.
Payment for treatment under this subsection may include treatment for problem
drinking, alcoholism or drug dependency. Payment shall be made as provided by
the Assistant Director for Alcohol and Drug Abuse Programs by rule to agencies
or organizations providing treatment.
(2) To pay for evaluation as provided by law of programs used
for diversion agreements.
(3) To pay the cost of administration of the fund by the
Assistant Director for Alcohol and Drug Abuse Programs.
(4) To pay for materials, resources and training supplied by
the Assistant Director for Alcohol and Drug Abuse Programs to those persons,
organizations or agencies performing the diagnostic assessments or providing
education or treatment to persons under diversion agreements.
(5) To pay for providing treatment [or information] programs required under ORS 813.020 for individuals
who are found to be indigent.
(6) To pay for special services required to enable a disabled
person, or a person whose proficiency in the use of English is limited because
of the person's national origin, to participate in treatment programs that are
used for diversion agreements under ORS 813.200 or are required under ORS
813.020. This subsection applies:
(a) Whether or not the person is indigent; and
(b) Only to special services required solely because of the
person's disability or limited proficiency in the use of English.
SECTION 7. Section 3 of this 1999 Act and the
amendments to statute sections by sections 1, 4, 5 and 6 of this 1999 Act apply
to persons convicted of driving while under the influence of intoxicants on and
after the effective date of this 1999 Act.
Approved by the Governor
April 26, 1999
Filed in the office of
Secretary of State April 26, 1999
Effective date October 23,
1999
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