Chapter 430
430.260 to 430.425
ATTY. GEN. OPINIONS: Authorized contracts and expenditures, (1977) Vol 38, p 1618
430.315
ATTY. GEN. OPINIONS: Drunkenness as element of crime of disorderly conduct, breach of peace or vagrancy, (1975) Vol 37, p 647
430.325
See annotations under ORS 430.402.
430.335
ATTY. GEN. OPINIONS: Licensing of alcoholism facilities approved for state alcoholism grants by Mental Health Division, (1977) Vol 38, p 1533
430.345 to 430.375
ATTY. GEN. OPINIONS: Nondelegability of Mental Health Division responsibility, (1976) Vol 38, p 199
430.380
ATTY. GEN. OPINIONS: Distribution of funds, (1976) Vol 38, p 199
430.399
(formerly 426.460)
NOTES OF DECISIONS
Under evidence that person was found by police officers face down by curb and was determined by them to be intoxicated and incapacitated, and that officers had been notified by nearby detoxification facility that facility would not accept patients who were non-ambulatory; whether there was an absence of an appropriate treatment facility was question for jury. Tindall v. Multnomah County, 31 Or App 279, 570 P2d 979 (1977)
Police could not, without warrant, in noncriminal, nonemergency situation, open closed container seized from intoxicated person at the time person was booked into holding facility pursuant to this section where purpose of opening containers was to detect evidence of crime rather than to aid person. State v. Lawrence, 58 Or App 423, 648 P2d 1338 (1982), Sup Ct review denied
It was improper under this section for police to conduct full custodial search of intoxicated person at the scene of a stop before transportation to a holding facility or civil hold when they did not have a warrant and purpose was to detect contraband as well as weapons. State v. Keyes, 61 Or App 434, 657 P2d 724 (1983)
Police officer who takes person to police station for detoxification pursuant to this section may not open closed containers for purposes of inventory. State v. Perry, 298 Or 21, 688 P2d 827 (1984)
Legislature did not intend this statute to immunize intoxicated person from criminal prosecution for other criminal conduct. State v. Westlund, 302 Or 225, 729 P2d 541 (1986)
During inventory conducted on civil detoxification hold, paperfold removed from defendant’s front pants pocket that was recognized by officer as type used to package cocaine entitled officer to seize evidence of crime that was in plain view, without warrant, and to use evidence at defendant’s criminal trial. State v. Lippert, 317 Or 397, 856 P2d 634 (1993)
Breach of duty to act regarding incapacitated person creates cause of action for statutory tort, but not for negligence per se. Scovill v. City of Astoria, 324 Or 159, 921 P2d 1312 (1996)
“Public place” means place that public is free to enter at will. State v. Premsingh, 154 Or App 682, 962 P2d 732 (1998)
Authority of treatment facility to conduct inventory search may be implied from decision of politically accountable body to establish facility. State v. Ketelson, 163 Or App 70, 986 P2d 1202 (1999)
LAW REVIEW CITATIONS: 77 OLR 497 (1998); 52 WLR 383 (2016)
430.401
(formerly 426.470)
NOTES OF DECISIONS
Immunity for actions taken does not immunize peace officers for failure to take required actions regarding incapacitated person. Scovill v. City of Astoria, 324 Or 159, 921 P2d 1312 (1996)
430.402
(formerly 430.325)
Where city ordinance prohibiting public drinking is general ban on drinking in public rather than partial or selective ban targeting certain locations, hours or types of alcohol, ordinance is not preempted by this section. State v. Uroza-Zuniga, 364 Or 682, 439 P3d 973 (2019)
ATTY. GEN. OPINIONS: Drunkenness as element of crime of disorderly conduct, breach of peace or vagrancy, (1975) Vol 37, p 647
430.450 to 430.555
NOTES OF DECISIONS
These sections do not confer on drug-dependent defendants right to choose treatment in lieu of prosecution nor is there any due process or equal protection right to such treatment; discretion given to prosecutors under these sections does not violate separation of powers doctrine. State v. Graves, 58 Or App 286, 648 P2d 866 (1982)
430.620
ATTY. GEN. OPINIONS: Governing body responsibilities in mental health program, (1976) Vol 37, p 1074
430.630
ATTY. GEN. OPINIONS: Mandatory basic services, (1976) Vol 37, p 1074
430.660
See annotations under ORS 430.694.
430.694
(formerly 430.660)
ATTY. GEN. OPINIONS: Requirements concerning federal funding, (1976) Vol 37, p 1074
430.760 to 430.820
ATTY. GEN. OPINIONS: Private school tuition for handicapped children, (1974) Vol 36, p 942
430.920
LAW REVIEW CITATIONS: 35 WLR 797 (1999)