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Oregon Revised Statutes

Or. Rev. Stat. § 137.228 (2026)

Finding that defendant is alcoholic or drug-dependent person; effect

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      137.228 Finding that defendant is alcoholic or drug-dependent person; effect. (1) When a defendant is sentenced for a crime, the court may enter a finding that the defendant is an alcoholic or a drug-dependent person, as those terms are defined in ORS 430.306. The finding may be based upon any evidence before the court, including, but not limited to, the facts of the case, stipulations of the parties and the results of any evaluation conducted under ORS 137.227.

      (2) When the court finds that the defendant is an alcoholic or a drug-dependent person, the court, when it sentences the defendant to a term of imprisonment, shall direct the Department of Corrections to place the defendant in an appropriate alcohol or drug treatment program, to the extent that resources are available. The alcohol or drug treatment program shall meet the standards promulgated by the Oregon Health Authority pursuant to ORS 430.357. [1991 c.630 §§2,3; 2005 c.271 §1; 2009 c.595 §95]

 

      Note: See note under 137.227.

Notes of Decisions
Cited in 1 case, 2009–2009 · leading case: Brady/Berman v. Kroger, 225 P.3d 36 (Or. 2009).
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Brady/Berman v. Kroger, 225 P.3d 36 (Or. 2009). · cites it 2× “In that respect, we note that ORS 137.228(2) provides that, if a trial court finds that a convicted defendant is “an alcoholic or a drug-dependent person, the court, when it sentences the defendant to a term of imprisonment, shall direct the Department of Corrections to place…”
Or. Rev. Stat. § 137.228(2): 1 case
Brady/Berman v. Kroger, 225 P.3d 36 (Or. 2009). “In that respect, we note that ORS 137.228(2) provides that, if a trial court finds that a convicted defendant is “an alcoholic or a drug-dependent person, the court, when it sentences the defendant to a term of imprisonment, shall direct the Department of Corrections to place…”
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