(1) The Department of Corrections shall:

(a) Provide appropriate treatment services to drug-addicted persons in the custody of the department who are at a high or medium risk of reoffending and who have moderate to severe treatment needs; and

(b) Make grants to counties in order to provide supplemental funding for:

(A) The operation of local jails;

(B) Appropriate treatment services for drug-addicted persons on probation, parole or post-prison supervision; or

(C) The intensive supervision of drug-addicted persons on probation, parole or post-prison supervision, including the incarceration of drug-addicted persons who have violated the terms and conditions of probation, parole or post-prison supervision.

(2) The Oregon Criminal Justice Commission shall make grants to counties in order to provide supplemental funding for drug courts for drug-addicted persons, including the costs of appropriate treatment services and the incarceration of persons who have violated the terms and conditions of a drug court.

(3)(a) The appropriate legislative committee shall periodically conduct oversight hearings on the effectiveness of this section.

(b) The Oregon Criminal Justice Commission shall periodically conduct independent evaluations of the programs funded by this section for their effectiveness in reducing criminal behavior in a cost-effective manner and shall report the findings to the Alcohol and Drug Policy Commission.

(4) The Department of Corrections shall determine which persons are eligible for treatment under subsection (1)(a) of this section using an actuarial risk assessment tool.

(5) The department shall adopt rules to administer the grant program described in subsection (1)(b) of this section.

(6) Prior to adopting the rules described in subsection (5) of this section, the department shall consult with a broad-based committee that includes representatives of:

(a) County boards of commissioners;

(b) County sheriffs;

(c) District attorneys;

(d) County community corrections;

(e) The Oregon Criminal Justice Commission;

(f) Presiding judges of the judicial districts of this state;

(g) Public defenders; and

(h) Treatment providers.

(7) In determining which grant proposals to fund within each county, the department shall:

(a) Consult with the committee described in subsection (6) of this section;

(b) Give priority to those proposals that are best designed to reduce crime and drug addiction; and

(c) Be guided by evidence-based and tribal-based practices, risk assessment tools or other research-based considerations.

(8) Nothing in this section:

(a) Creates any claim, right of action or civil liability; or

(b) Requires a supervisory authority or the Department of Corrections to provide treatment to any individual under the authority’s supervision or in the custody of the department.

(9) As used in this section:

(a) ‘Drug-addicted person‘ means a person who has lost the ability to control the personal use of controlled substances, cannabis or alcohol, or who uses controlled substances, cannabis or alcohol 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-addicted person may be physically dependent, a condition in which the body requires a continuing supply of a controlled substance, cannabis or alcohol to avoid characteristic withdrawal symptoms, or psychologically dependent, a condition characterized by an overwhelming mental desire for continued use of a controlled substance, cannabis or alcohol.

(b) ‘Intensive supervision’ means the active monitoring of a person’s performance in a treatment program by a parole and probation officer and the imposition of sanctions, or request to a court for sanctions, if the person fails to abide by the terms and conditions of a treatment program. [2009 c.660 § 12; 2011 c.673 § 14; 2017 c.21 § 59]