reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.402 - Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs.

(1) A political subdivision in this state shall not adopt or enforce any local law or regulation that makes any of the following an offense, a violation or the subject of criminal or civil penalties or sanctions of any kind:
(a) Public intoxication.
(b) Public drinking, except as to places where any consumption of alcoholic beverages is generally prohibited.
(c) Drunk and disorderly conduct.
(d) Vagrancy or other behavior that includes as one of its elements either drinking alcoholic beverages or using cannabis or controlled substances in public, being an alcoholic or a drug-dependent person, or being found in specified places under the influence of alcohol, cannabis or controlled substances.
(e) Using or being under the influence of cannabis or controlled substances.
(2) Nothing in subsection (1) of this section shall affect any local law or regulation of any political subdivision in this state against driving while under the influence of intoxicants, as defined in ORS 813.010, or other similar offenses that involve the operation of motor vehicles. [Formerly 430.325; 2017 c.21 §60]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.405 - Definition.

As used in ORS 430.415, "drug-dependent person" means one who has lost the ability to control the use of controlled substances or other substances with abuse potential, or who uses such substances or controlled substances to the extent that the health of the person or that of others is substantially impaired or endangered or the social or economic function of the person is substantially disrupted. A drug-dependent person may be physically dependent, a condition in which the body requires a continuing supply of a drug or controlled substance to avoid characteristic withdrawal symptoms, or psychologically dependent, a condition characterized by an overwhelming mental desire for continued use of a drug or controlled substance. [1973 c.697 §3; 1977 c.745 §47; 1979 c.744 §25; 1979 c.777 §46a; 1987 c.61 §4; 2001 c.900 §138; 2007 c.71 §117]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.420 - Integration of drug treatment services into criminal justice system; plans.

(1) In collaboration with local seizing agencies, the district attorney, the local public safety coordinating council and the local mental health advisory committee, a local planning committee appointed or designated pursuant to ORS 430.342 shall develop a plan to integrate drug treatment services, meeting minimum standards established pursuant to ORS 430.357, into the criminal justice system for offenders who commit nonviolent felony drug possession offenses. The plan may also include property offenders as provided for under ORS 475.245.
(2)(a) A plan may include, but need not be limited to, programs that occur before adjudication, after adjudication as part of a sentence of probation or as part of a conditional discharge.
(b) A plan must include, but need not be limited to:
(A) A description of local criminal justice and treatment coordination efforts;
(B) A description of the method by which local, state and federal treatment resources are prioritized and allocated to meet the needs of the drug abusing offender population;
(C) The principles that guide criminal justice strategies for supervision and treatment of drug abusing offenders and the purchase of treatment services from local community providers;
(D) The desired outcomes for criminal justice strategies for supervision and treatment of drug abusing offenders and the provision of treatment services and identification of a method for monitoring and reporting the outcomes; and
(E) Consistent standards for measuring the success of criminal justice strategies for supervision and treatment of drug abusing offenders and the provision of treatment.
(3) A program must include, but need not be limited to:
(a) Ongoing oversight of the participant;
(b) Frequent monitoring to determine whether a participant is using controlled substances unlawfully; and
(c) A coordinated strategy governing responses to a participant’s compliance or noncompliance with the program.
(4) The local planning committee shall submit the plan to the Oregon Health Authority and shall provide the county board of commissioners with a copy of the plan. [2005 c.830 §43; 2009 c.595 §495; 2011 c.673 §31; 2012 c.37 §100]
Note:
430.420 to 430.426 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.422 - Drug Prevention and Education Fund.

The Drug Prevention and Education Fund is established separate and distinct from the General Fund. The Drug Prevention and Education Fund consists of moneys deposited in the fund under ORS 131.597 and 430.426, and other moneys as may be appropriated to the fund by law. The moneys in the Drug Prevention and Education Fund are continuously appropriated to the Oregon Health Authority for the purpose of assisting counties in paying the costs incurred by the counties in providing drug treatment services pursuant to plans submitted under ORS 430.420. [2005 c.830 §46; 2009 c.595 §496]
Note:
See note under 430.420.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.424 - Distribution of funds; funding criteria.

Consistent with the budget priority policies adopted by the Alcohol and Drug Policy Commission, the Oregon Health Authority shall distribute moneys in the Drug Prevention and Education Fund established in ORS 430.422 based on a review of the plans submitted to the office under ORS 430.420. Funding criteria include, but need not be limited to, whether the plan includes the existence or development of a drug treatment court or a drug diversion program. [2005 c.830 §44; 2009 c.595 §497; 2011 c.673 §32]
Note:
See note under 430.420.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.426 - Rules; acceptance of gifts, grants and donations.

(1) The Oregon Health Authority shall adopt rules necessary to carry out the provisions of ORS 430.420 to 430.426.
(2) The authority may accept gifts, grants and donations from any source, public or private. Moneys accepted under this section must be deposited in the Drug Prevention and Education Fund to be used for the purposes for which the fund is established. [2005 c.830 §45; 2009 c.595 §498]
Note:
See note under 430.420.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.455 - Information to arrested person believed to have substance use disorder.

When a person is arrested for violation of the criminal statutes of this state which do not involve crimes of violence against another person, and the officer or person making the arrest has reasonable grounds for believing the arrested individual is a drug-dependent person, the officer or person making the arrest may:
(1) Fully inform the arrested person of the right of the arrested person to evaluation and the possible consequences of such evaluation;
(2) Inform the arrested person of the right of the arrested person to counsel before consenting to evaluation; and
(3) Fully explain the voluntary nature of the evaluation and the limitations upon the confidentiality of the information obtained during the evaluation. [1977 c.871 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.460 - Consent to evaluation; effect of refusal.

Upon obtaining the written consent of the arrested person, the officer or person making the arrest shall request an approved site to conduct an evaluation to determine whether the arrested person is drug dependent. Refusal of the arrested person to consent to the evaluation is not admissible in evidence upon the trial of the arrested person. [1977 c.871 §8]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 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 and 430.460 shall be followed whenever the right to evaluation is restated under this section. [1977 c.871 §9]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.470 - Notice of right to evaluation if not given at time of arrest.

(1) In the event that an officer or person making the arrest fails to inform the person arrested of the right to evaluation, and possible diversion, within 24 hours from the time of booking, an officer of the court or diversion coordinator may do so.
(2) At the time of arraignment, the judge shall inform the defendant of the rights described in ORS 430.455. [1977 c.871 §10]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.475 - Evaluation results as evidence; admissibility at subsequent trial; privileged communication.

(1) The results of the evaluation of an arrested person suspected of being drug dependent shall be made available to the prosecuting and defense attorneys and the presiding judge for the judicial district, but shall not be entered into evidence in any subsequent trial of the accused except upon written consent of the accused or upon a finding by the court that the relevance of the results outweighs their prejudicial effect.
(2) Except as provided in subsection (1) of this section, results of evaluation or information voluntarily provided to evaluation or treatment personnel by a person under ORS 430.450 to 430.555 shall be confidential and shall not be admitted as evidence in criminal proceedings. Reports submitted to the court or the prosecutor by the diversion coordinator shall consist solely of matters required to be reported by the terms of the diversion plan, together with an assessment of the person’s progress toward achieving the goals set forth in the plan. Communications between the person participating in the plan and the diversion coordinator shall be privileged unless they relate directly to the elements required to be reported under the diversion plan. [1977 c.871 §§11,27; 1995 c.781 §45]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.480 - Effect of ORS 430.450 to 430.555 on other evidence.

Nothing in ORS 430.450 to 430.555 is intended to limit the introduction of other evidence bearing upon the question of whether or not a person is using or is under the influence of cannabis or controlled substances. [1977 c.871 §12; 1979 c.744 §27; 2017 c.21 §61]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.485 - Treatment may be ordered.

When the results of the evaluation obtained under ORS 430.460 or 430.465 indicate that the defendant is a drug-dependent person within the meaning of ORS 430.450 to 430.555, and the results of the evaluation indicate that such person may benefit in a substantial manner from treatment for drug dependence, the prosecutor, with the concurrence of the court, may direct the defendant to receive treatment as a contingent alternative to prosecution. If defendant refuses treatment, criminal proceedings shall be resumed. [1977 c.871 §15]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.490 - Diversion plan for defendant; participation as condition of probation or parole.

(1) Prior to the initiation of diversion, the local diversion coordinator shall submit an individual diversion plan for the defendant. Upon approval of the plan by the prosecutor and the court, the person diverted shall be required to follow the diversion plan as a condition of continuance in treatment. The plan shall be entered into the record of the court.
(2) Participation in a diversion program may be made a condition of probation or parole. [1977 c.871 §§16,28]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.495 - Content of diversion plan; duration.

(1) The diversion plan shall include appropriate methods for monitoring the progress of the diverted individual toward the achievement of the defined treatment objectives. In the presence of counsel, the defendant shall review the terms of the individual diversion plan, including methods for monitoring progress, and execute a written statement indicating consent. Such statement shall include a voluntary waiver of stipulated rights as necessary to implement the approved plan. Any authorized waiver under this section shall not extend beyond the time of participation by the person in the diversion plan.
(2) No individual diversion plan shall continue for more than the maximum time a person can be sentenced for the offense charged. [1977 c.871 §§17,21]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.500 - Dismissal of charges.

(1) Upon successful completion of treatment, as outlined in the individual diversion plan, a request may be made to dismiss charges against the individual related to the offense for which diversion was initiated as an alternative to prosecution.
(2) When the prosecutor and the court have determined that the individual has successfully completed treatment, as outlined in the diversion plan, the prosecutor shall dismiss charges against the individual related to the offense for which diversion was initiated as an alternative to prosecution. [1977 c.871 §§18,19]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.505 - Expunction of verdict.

If a person is diverted after conviction, but prior to sentencing, the court may order expunction from the record of the verdict of the court and all proceedings incident thereto upon successful completion of the diversion plan and a post-treatment period of three years, provided there have been no new convictions for misdemeanor or felony offenses. [1977 c.871 §20]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.510 - Notice when treatment unsuccessful.

If treatment under ORS 430.450 to 430.555 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]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.515 - Procedure to terminate treatment.

Termination of treatment under ORS 430.450 to 430.555 may be instituted at any time by either the prosecutor, the director of the treatment facility, the court or the person diverted into treatment. An order to terminate treatment shall be based upon a finding of substantial violation of the diversion plan or upon a showing to the satisfaction of the court that the person diverted constitutes a threat to the peace and safety of the public and that continued treatment will involve direct risk to the community or the treatment facility. Such findings and showing shall be made before the court in open hearing, with the person under treatment entitled to counsel and to due process of law. [1977 c.871 §26]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.535 - Requirement to develop bilingual forms.

(1) The Oregon Health Authority shall, subject to the availability of funds, develop bilingual forms to assist non-English-speaking persons in understanding their rights under ORS 430.450 to 430.555.
(2) The authority shall assist county mental health programs in the development of comprehensive and coordinated identification, evaluation, treatment, education and rehabilitation services for the drug-dependent person. The State Plan for Drug Problems shall be consistent with such system. [1977 c.871 §§3,14; 1985 c.740 §16; 2009 c.595 §500; 2009 c.856 §§13,22]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.540 - Designation of and standards for evaluation sites.

(1) The county mental health program director shall designate sites for evaluation in the county plan of individuals who may be or are known to be drug dependent. The Oregon Health Authority shall establish standards for such sites, consistent with ORS 430.357, and periodically publish a list of approved sites.
(2) The costs of evaluation shall be borne by the county of appropriate jurisdiction. [1977 c.871 §6; 2009 c.595 §501; 2011 c.673 §34]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.545 - Procedures at evaluation sites; administration of antagonist drugs.

(1) Evaluation sites provided for under ORS 430.450 to 430.555 shall conduct such procedures as may be necessary to determine if an individual is a drug-dependent person. A person shall be evaluated only with that person’s written consent. Subject to approval of the Oregon Health Authority, the director of a treatment facility or the director of an evaluation site may designate personnel to provide treatment or evaluation as appropriate under the lawful limitations of their certification, licensure or professional practice.
(2) Antagonist drugs may be administered for diagnosis of addiction by a registered nurse at an approved site when the nurse has completed required training and a physician or naturopathic physician is available on call. Antagonist drugs shall not be administered without informed written consent of the person. [1977 c.871 §22; 1979 c.744 §28; 2009 c.595 §502; 2017 c.356 §56]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.550 - Discrimination prohibited.

A person, otherwise eligible, may not be denied evaluation or treatment under ORS 430.450 to 430.555 on account of the person’s race, religion, sex, sexual orientation, gender identity, nationality, age or ability to pay. [1977 c.871 §24; 2007 c.100 §26; 2021 c.367 §25]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.555 - Liability for violation of civil rights or injuries to participant.

Liability for violation of civil rights under ORS 430.450 to 430.555 or injuries to a person participating in a diversion program or caused by a person in a diversion program under ORS 430.450 to 430.555 shall, except in the case of gross negligence, be borne by the county making the arrest and the state in equal shares, and shall not extend to persons administering the provisions of ORS 430.450 to 430.555. [1977 c.871 §23]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.560 - Oregon Health Authority adoption of requirements for contracted drug treatment programs; rules.

(1) The Oregon Health Authority shall adopt rules to establish requirements, in accordance with ORS 430.357, for drug treatment programs that contract with the authority and that involve:
(a) Detoxification;
(b) Detoxification with acupuncture and counseling; and
(c) The supplying of synthetic opiates to such persons under close supervision and control. However, the supplying of synthetic opiates shall be used only when detoxification or detoxification with acupuncture and counseling has proven ineffective or upon a written request of a physician licensed by the Oregon Medical Board or a naturopathic physician licensed by the Oregon Board of Naturopathic Medicine showing medical need for synthetic opiates. A copy of the request must be included in the client’s permanent treatment and releasing authority records.
(2) Notwithstanding subsection (1) of this section, synthetic opiates may be made available to a pregnant woman with her informed consent without prior resort to the treatment programs described in subsection (1)(a) and (b) of this section. [Formerly 475.715; 1979 c.744 §29; 1991 c.574 §3; 2005 c.264 §22; 2009 c.595 §503; 2011 c.673 §35; 2017 c.356 §57; 2019 c.470 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.565 - Nonapplicability of drug laws to certain persons in treatment program.

The provisions of any law restricting the use, possession, control or administration of a controlled substance shall not apply to any physician, pharmacist or other person while participating in the program authorized by ORS 430.560 (1)(c) so long as the physician, pharmacist or other person complies with provisions of ORS 430.560 and this section and the rules of the Oregon Health Authority made pursuant to ORS 430.560 and this section. [Formerly 475.725; 1979 c.744 §30; 1991 c.574 §4; 2009 c.595 §504]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.570 - Information concerning opiate inhibitors to be made available.

The Oregon Health Authority shall cause information concerning the usefulness and feasibility of opiate inhibitors to be made available to persons involved in administering diversion programs, corrections programs and other programs for drug dependent persons. [1987 c.618 §4; 2009 c.595 §505]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.572 - Internet access to providers of opiate use disorder treatment.

(1) The Oregon Health Authority shall develop and regularly update a web-based, searchable inventory of the following:
(a) Each opioid and opiate abuse or dependency treatment provider located in this state;
(b) Treatment options offered by each opioid and opiate abuse or dependency treatment provider located in this state; and
(c) The maximum capacity of each opioid and opiate abuse or dependency treatment provider located in this state.
(2) The authority shall post the inventory developed under subsection (1) of this section on a website of the authority. [2017 c.683 §7]
Note:
430.572 and 430.573 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.573 - Statewide capacity to provide opiate use disorder treatment.

(1) In developing the inventory required by ORS 430.572, the Oregon Health Authority shall analyze the data to determine whether identifiable geographic regions have insufficient treatment options for, or capacity to treat individuals suffering from, opioid or opiate abuse or dependency.
(2) Not later than September 15 of each year, the authority shall report to the interim committees of the Legislative Assembly related to health care, in the manner provided by ORS 192.245, on identifiable geographic regions that have insufficient treatment options for, or capacity to treat individuals suffering from, opioid or opiate abuse or dependency. [2017 c.683 §8]
Note:
See note under 430.572.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.590 - Regulation of location of methadone clinic; enforcement.

(1) It is unlawful for any person to commence operating a methadone clinic:
(a) Within 1,000 feet of the real property comprising an existing public or private elementary, secondary or career school attended primarily by minors; or
(b) Within 1,000 feet of the real property comprising an existing licensed child care facility. As used in this section, "licensed child care facility" means a child care center certified under ORS 329A.280 that is operating under authority of a valid business license.
(2) Commencing operation of a methadone clinic within 1,000 feet of a school or licensed child care facility is a nuisance and operation of the clinic shall be enjoined and abated as provided in ORS 105.550 to 105.600.
(3) For purposes of this section, "within 1,000 feet" means a straight line measurement in a radius extending for 1,000 feet or less in every direction from any point on the boundary line of the real property comprising an existing public or private elementary, secondary or career school or an existing licensed child care facility under this section.
(4) A county or a local public health authority, as defined in ORS 431.003, may waive the siting restrictions under this section to the extent necessary to remove unreasonable barriers to patients’ accessing medically necessary treatment at methadone clinics. [1991 c.574 §5; 1995 c.278 §52; 1995 c.343 §47; 2003 c.293 §14; 2013 c.588 §2; 2019 c.470 §4]
Note:
430.590 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.610 - Legislative policy.

It is declared to be the policy and intent of the Legislative Assembly that:
(1) Subject to the availability of funds, services should be available to all persons with mental or emotional disturbances, developmental disabilities, alcoholism or drug dependence, and persons who are alcohol or drug abusers, regardless of age, county of residence or ability to pay;
(2) The Department of Human Services, the Oregon Health Authority and other state agencies shall conduct their activities in the least costly and most efficient manner so that delivery of services to persons with mental or emotional disturbances, developmental disabilities, alcoholism or drug dependence, and persons who are alcohol or drug abusers, shall be effective and coordinated;
(3) To the greatest extent possible, mental health and developmental disabilities services shall be delivered in the community where the person lives in order to achieve maximum coordination of services and minimum disruption in the life of the person; and
(4) The State of Oregon shall encourage, aid and financially assist its county governments in the establishment and development of community mental health programs or community developmental disabilities programs, including but not limited to, treatment and rehabilitation services for persons with mental or emotional disturbances, developmental disabilities, alcoholism or drug dependence, and persons who are alcohol or drug abusers, and prevention of these problems through county administered community mental health programs or community developmental disabilities programs. [1961 c.706 §36; 1973 c.639 §1; 1981 c.750 §1; 2001 c.900 §140; 2007 c.70 §228; 2009 c.595 §506; 2011 c.720 §170]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.620 - Establishment of community mental health and developmental disabilities programs by one or more counties.

(1) The county court or board of county commissioners, or its representatives designated by it for the purpose, of any county, on behalf of the county, may:
(a) By contract with and subject to the rules of the Department of Human Services, establish and operate, or contract with a public agency or private corporation for, a community developmental disabilities program.
(b) In conformity with the rules of the Oregon Health Authority, establish and operate, or contract with a public agency or private corporation for, a community mental health program.
(c) Cooperate, coordinate or act jointly with any other county or counties or any appropriate officer or agency of such counties in establishing and operating or contracting for a community mental health program or community developmental disabilities program to service all such counties in conformity with the regulations of the department or the authority.
(d) Expend county moneys for the purposes referred to in paragraph (a), (b) or (c) of this subsection.
(e) Accept and use or expend property or moneys from any public or private source made available for the purposes referred to in paragraph (a), (b) or (c) of this subsection.
(2) All officers and agencies of a county, upon request, shall cooperate insofar as possible with the county court or board of county commissioners, or its designated representatives, in conducting programs and carrying on and coordinating activities under subsection (1) of this section. [1961 c.706 §39; 1973 c.639 §2; 1981 c.750 §2; 1989 c.116 §10; 2009 c.595 §507; 2013 c.36 §30]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.624 - Trust Fund established.

(1) The 9-8-8 Trust Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the 9-8-8 Trust Fund shall be credited to the fund. The 9-8-8 Trust Fund consists of:
(a) Revenues from the 9-8-8 coordinated crisis services tax imposed under ORS 403.200 (1)(b);
(b) Appropriations made by the Legislative Assembly;
(c) Federal funds allocated to the state to implement the 9-8-8 suicide prevention and behavioral health crisis system;
(d) Gifts, grants and donations to the fund from public and private sources; and
(e) Moneys deposited into the fund from other sources.
(2) Moneys in the 9-8-8 Trust Fund are continuously appropriated to the Oregon Health Authority for the purposes specified in ORS 430.627 and 430.628.
(3) In accordance with 47 U.S.C. 251a, moneys in the 9-8-8 Trust Fund shall be sequestered and may be obligated or expended only for the purposes specified in ORS 430.627 and 430.628.
(4) Moneys in the 9-8-8 Trust Fund at the end of a biennium are retained in the fund and do not revert to the General Fund and are not subject to transfer to any other fund or to transfer, assignment or reassignment for any other use or purpose other than the purposes specified in ORS 430.627 and 430.628.
(5) Moneys in the 9-8-8 Trust Fund may not be used to displace available funding for services described in ORS 430.627 by Medicaid, Medicare, federal or state-regulated health insurance, disability insurance or local government programs or other federal, state or local funds for suicide prevention or behavioral health crisis services.
(6) The authority shall provide an annual report of deposits into and expenditures from the 9-8-8 Trust Fund to the Legislative Assembly and to the Federal Communications Commission. [2023 c.251 §1]
Note:
430.624 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.626 - Definitions.

As used in ORS 430.626 to 430.628:
(1) "Coordinated care organization" has the meaning given that term in ORS 414.025.
(2) "Crisis stabilization center" means a facility licensed by the Oregon Health Authority that meets the requirements adopted by the authority by rule under ORS 430.627.
(3) "Crisis stabilization services" includes diagnosis, stabilization, observation and follow-up referral services provided to individuals in a community-based, developmentally appropriate homelike environment to the extent practicable.
(4) "Mobile crisis intervention team" means a team of qualified behavioral health professionals that may include peer support specialists, as defined in ORS 414.025, and other health care providers such as nurses or social workers who provide timely, developmentally appropriate and trauma-informed interventions, screening, assessment, de-escalation and other services necessary to stabilize an individual experiencing a behavioral health crisis in accordance with requirements established by the authority by rule.
(5) "Peer respite center" means voluntary, nonclinical, short-term residential peer support provided:
(a) In a homelike setting to individuals with mental illness, substance use disorder or trauma response symptoms who are experiencing acute distress, anxiety or emotional pain that may lead to the need for a higher level of care such as psychiatric inpatient hospital services; and
(b) By a peer-run organization and directed and delivered by individuals with lived experience in coping with, seeking recovery from or overcoming mental illness, substance use disorder or trauma response challenges.
(6) "Veterans Crisis Line" means the crisis hotline maintained by the United States Department of Veterans Affairs and the United States Department of Health and Human Services. [2021 c.617 §1]
Note:
430.626 to 430.629 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.628 - City and community mental health program provision of crisis stabilization services; rules.

(1) In consultation with local community mental health programs, the Oregon Health Authority shall, to the extent funding is available, require each community mental health program to provide crisis stabilization services to individuals contacting the 9-8-8 suicide prevention and behavioral health crisis hotline who need crisis stabilization services in the community by enhancing and expanding the use of mobile crisis intervention teams.
(2) A city may request funding from a county to establish and maintain one or more mobile crisis intervention teams.
(3) Mobile crisis intervention teams must operate in compliance with rules adopted by the authority.
(4) A city that establishes and maintains a program for providing mobile crisis intervention services shall administer the program in accordance with a memorandum of understanding entered into between the city and the county or counties in which the city is located. A memorandum of understanding under this subsection must, at a minimum:
(a) Specify jurisdictional requirements for determining which entity will provide crisis response services in any given circumstance;
(b) Provide that the city shall comply with rules established by the Oregon Health Authority for provision of crisis intervention services; and
(c) Address the funding responsibilities of community mental health providers for crisis intervention services. [2021 c.617 §3; 2023 c.251 §4]
Note:
See note under 430.626.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.629 - Oversight and direction on implementation and operation of statewide coordinated crisis system.

The Oregon Health Authority shall establish an advisory committee in accordance with ORS 430.075 or assign tasks to existing agencies, boards or committees to provide primary oversight and direction on the implementation and operation of the statewide coordinated crisis system described in ORS 430.626 to 430.628 and to provide guidance to the authority, gather feedback and make recommendations regarding the planning and implementation of the 9-8-8 suicide prevention and behavioral health crisis hotline. The advisory committee must include but is not limited to:
(1) Representatives of the crisis hotline center maintained under ORS 430.627 (4) and 9-1-1 call centers, the Oregon Department of Emergency Management, local public health and mental health authorities, hospitals and health systems, coordinated care organizations, as defined in ORS 414.025, telecommunication providers, law enforcement and the 988 Suicide and Crisis Lifeline Local Mental Health Authority; and
(2) Certified peer support specialists, as defined in ORS 414.025, individuals with lived experiences in mental illness or substance use disorder and their family members and caregivers, consumers of behavioral health services, including youth and families, and other stakeholders identified by the authority. [2021 c.617 §5; 2023 c.251 §5]
Note:
See note under 430.626.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.631 - Local advisory committees.

(1) If any local mental health program has an advisory committee, persons with disabilities, as defined in ORS 430.050 (6), and older adults shall be appointed to serve on the advisory committee.
(2) The persons with disabilities described in subsection (1) of this section shall meet separately as a disability issues advisory committee. [Formerly 430.625]
Note:
430.631 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.632 - Report on implementation of comprehensive local plan for delivery of mental health services.

The Oregon Health Authority may require a local mental health authority to periodically report to the Oregon Health Authority on the implementation of the comprehensive local plan adopted under ORS 430.630 (9). [2001 c.899 §5; 2009 c.595 §509; 2009 c.856 §24; 2011 c.720 §§175,176; 2013 c.640 §5]
Note:
430.632 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.634 - Evaluation of programs; population schedule for distributing funds.

(1) In order to improve services to persons with mental or emotional disturbances and provide information for uniform analysis, each community mental health program shall collect and report data and evaluate programs in accordance with methods prescribed by the Oregon Health Authority after consultation with the program directors.
(2) Information collected by the authority under subsection (1) of this section shall include, but need not be limited to:
(a) Numbers of persons served;
(b) Ages of persons served;
(c) Types of services provided; and
(d) Cost of services.
(3) Within the limits of available funds allocated for the administration of community mental health programs, community mental health programs shall collect data and evaluate programs with moneys provided by the authority. The authority shall distribute funds so that programs within the same population grouping shall receive equal amounts of funds. The population groupings are:
(a) More than 400,000 population.
(b) Less than 400,000 but more than 100,000.
(c) Less than 100,000 but more than 50,000.
(d) Less than 50,000.
(4) During the first biennium that a new service is funded by the authority, two percent of the service funds shall be set aside for use in data collection and evaluation of the service. Thereafter, the service shall be evaluated as a part of the total community mental health program. [Formerly 430.665]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.638 - Immunity from civil liability for reliance on certificate of approval.

A coordinated care organization, insurer or health care service contractor that relies in good faith on an assessment conducted according to the criteria adopted under ORS 430.637 shall be immune from civil liability that might otherwise be incurred or imposed. [2013 c.362 §2]
Note:
See note under 430.637.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.641 - Behavioral Health Housing Incentive Fund established.

(1) The Behavioral Health Housing Incentive Fund is established in the State Treasury, separate and distinct from the General Fund. The Behavioral Health Housing Incentive Fund consists of moneys deposited or transferred to the fund by the Legislative Assembly and moneys appropriated to the fund by the Legislative Assembly. Interest earned on the fund shall be credited to the fund.
(2) Moneys in the Behavioral Health Housing Incentive Fund are continuously appropriated to the Oregon Health Authority to carry out the provisions of ORS 430.643. [2021 c.521 §1]
Note:
430.641 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.643 - Disbursement of moneys in fund.

(1) The Oregon Health Authority shall disburse moneys in the Behavioral Health Housing Incentive Fund established in ORS 430.641 to provide funding for:
(a) The development of community-based housing, including licensed residential treatment facilities, for individuals with mental illness and individuals with substance use disorders; and
(b) Crisis intervention services, rental subsidies and other housing-related services to help keep individuals with mental illness and individuals with substance use disorders safe and healthy in their communities.
(2) The authority shall provide funding for:
(a) A portion of the costs to purchase land and to construct housing described in subsection (1)(a) of this section; and
(b) Up to 50 percent of the start-up costs for providing housing described in subsection (1)(a) of this section, including but not limited to fixtures, furnishings and training of staff.
(3)(a) The authority shall prescribe the financing mechanisms to be used to provide funding under subsection (2)(a) of this section of up to 35 percent of the total project development costs.
(b) The authority may waive the 35 percent limit on total project development costs under paragraph (a) of this subsection for a low-cost project or to meet a critical need in a rural area.
(4) The authority shall convene an advisory group to make recommendations to the authority for:
(a) The allocation of moneys between different types of housing;
(b) The financing of housing described in subsection (1)(a) of this section;
(c) The provision of services described in subsection (1)(b) of this section;
(d) Soliciting funding proposals; and
(e) Processing applications for funding.
(5) The advisory group convened under subsection (4) of this section must include:
(a) One representative of a private provider of mental health treatment;
(b) One representative of a private provider of substance abuse treatment;
(c) Two representatives of groups that advocate on behalf of consumers of mental health or substance abuse treatment;
(d) One staff person from the Housing and Community Services Department;
(e) One staff person from the division of the authority that regulates mental health and substance abuse treatment programs;
(f) Two consumers of mental health or substance abuse treatment;
(g) One representative of a community mental health program;
(h) One person with expertise in developing and financing community housing projects in rural communities; and
(i) One representative of community corrections. [Formerly 458.385]
Note:
430.643 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.644 - Priorities for services provided by community mental health programs.

Within the limits of available funds, community mental health programs shall provide those services as defined in ORS 430.630 (3)(a) to (h) to persons in the following order of priority:
(1) Those persons who, in accordance with the assessment of professionals in the field of mental health, are at immediate risk of hospitalization for the treatment of mental or emotional disturbances or are in need of continuing services to avoid hospitalization or pose a hazard to the health and safety of themselves, including the potential for suicide, or others and those persons under 18 years of age who, in accordance with the assessment of professionals in the field of mental health, are at immediate risk of removal from their homes for treatment of mental or emotional disturbances or exhibit behavior indicating high risk of developing disturbances of a severe or persistent nature;
(2) Those persons who, because of the nature of their mental illness, their geographic location or their family income, are least capable of obtaining assistance from the private sector; and
(3) Those persons who, in accordance with the assessment of professionals in the field of mental health, are experiencing mental or emotional disturbances but will not require hospitalization in the foreseeable future. [Formerly 430.675]