When person must be taken to sobering or other appropriate facility; admission or referral; when jail custody may be used; confidentiality of records. (1) Any person who is intoxicated or under the influence of controlled substances in a public place may be sent home or taken to a sobering facility or to an appropriate facility by a police officer or a member of a mobile crisis intervention team as defined in ORS 430.626. If the person is incapacitated, the person shall be taken by the police officer or team member to an appropriate facility or sobering facility. If the health of the person appears to be in immediate danger, or the police officer or team member has reasonable cause to believe the person is dangerous to self or to any other person, the person shall be taken by the police officer or team member to an appropriate facility or sobering facility. A person shall be deemed incapacitated when in the opinion of the police officer or team member the person is unable to make a rational decision as to acceptance of assistance

(2) When a person is taken to an appropriate facility, the director of the facility shall determine whether the person shall be admitted as a patient, referred to another facility or a sobering facility or denied referral or admission. If the person is incapacitated or the health of the person appears to be in immediate danger, or if the director has reasonable cause to believe the person is dangerous to self or to any other person, the person must be admitted. The person shall be discharged within 72 hours unless the person has applied for voluntary admission to the facility.

(3) When a person is taken to a sobering facility, the staff of the sobering facility shall, consistent with the facility’s comprehensive written policies and procedures, determine whether or not the person shall be admitted into the sobering facility. A person who is admitted shall be discharged from the sobering facility within 24 hours.

(4) In the absence of any appropriate facility or sobering facility, or if a sobering facility determines that a person should not be admitted to the sobering facility, an intoxicated person or a person under the influence of controlled substances who would otherwise be taken by a police officer to an appropriate facility or sobering facility may be taken to the city or county jail where the person may be held until no longer intoxicated, under the influence of controlled substances or incapacitated.

(5) An intoxicated person or person under the influence of controlled substances, when taken into custody by the police officer for a criminal offense, shall immediately be taken to the nearest appropriate facility when the condition of the person requires emergency medical treatment.

(6) The records of a person at an appropriate facility or sobering facility may not, without the person’s consent, be revealed to any person other than the director and staff of the facility or sobering facility. A person’s request that no disclosure be made of admission to a facility or sobering facility shall be honored unless the person is incapacitated or disclosure of admission is required by ORS 430.397. [Formerly 426.460; 2011 c.673 §30; 2015 c.730 §3; 2024 c.70 §80]

Note: See note under 430.397.