(1) Subject to the availability of funds therefor, the Department of Human Services may establish and administer a treatment program with courts, with the consent of the judge thereof, for any person convicted of driving under the influence of alcohol, or of any crime committed while the defendant was intoxicated when the judge has probable cause to believe the person is an alcoholic or problem drinker and would benefit from treatment, who is eligible under subsection (2) of this section to participate in such program. The program shall involve medical and mental treatment to include at least the supplying of disulfiram or any other agent that interferes with normal metabolic degradation of alcohol in the body resulting in an increase in acetaldehyde concentrate in the blood, at regular intervals and under close supervision and control.
(2) A person eligible to participate in the program is a person who:
(a) Has been convicted of driving under the influence of alcohol if such conviction has not been appealed, or if such conviction has been appealed, whose conviction has been sustained upon appeal; or
(b) Has been convicted of any crime committed while the defendant was intoxicated if such conviction has not been reversed on appeal, and when the judge has probable cause to believe the person is an alcoholic or problem drinker and would benefit from treatment; and
(c) Has been referred by the participating court to the Department of Human Services for participation in the treatment program; and
(d) Prior to sentencing, has been medically evaluated by the Department of Human Services and accepted by the department as a participant in the program; and
(e) Has consented as a condition to probation to participate in the program; and
(f) Has been sentenced to probation by the court, a condition of which probation is participation in the program according to the rules adopted by the Department of Human Services under ORS 430.870. [1973 c.340 §1; 1993 c.14 §25]
Section: Previous 430.765 430.768 430.770 430.780 430.790 430.810 430.820 430.850 430.860 430.870 430.880 430.890 430.891 430.900 430.905 NextLast modified: August 7, 2008