Oregon’s Alcohol and Drug Evaluation Service (ADES) operates as the health and human services arm of its state-level substance abuse intervention program (DUII). Prior to the 1970s, the criminal justice system lumped substance abusers in with the rest of state criminal offenders. Intervention focused on retributive justice, rather than treatment for addiction. The DUII system emerged to ensure that drug and alcohol-addicted offenders received the appropriate level of care vis-à-vis their judicial status.
Oregon’s system is vertically integrated to include law enforcement, judges, state prosecutors, legal aid, private defense attorneys, the Department of Motor Vehicles and specialized addiction screening professionals known as ADES. It is the job of Oregon ADES to assess the individual addiction status of isolated offenders and make determinations as to whether those offenders should be referred to Alcohol Diversion, Marijuana Diversion or DUII Conviction.
After referral, the ADES’ role transitions from advisory to supervisory. Oregon law empowers the ADES to monitor the progress of individual offenders adjudicated for DUII intervention, as those offenders progress through the program. The screening and recommendation guidelines utilized by ADES were developed in cooperation with the Oregon Health Authority (OHA) and the Addictions and Mental Health Division (AHA).
Who’s required to complete training?
All Oregon offenders convicted of crimes relating to the abuse of drugs or alcohol are required to complete substance abuse training. Arrestees entering the DUII system are notified at the time of arraignment of their right to petition the court for DUII diversion treatment. The defendant then has up to thirty days to register a formal DUII Diversion Agreement before proceeding with traditional criminal prosecution.
If the defendant files a petition in a timely fashion, a court-designated ADES will initiate the screening process to determine whether diversion may be appropriate. If and when the ADES refers a defendant for DUII Diversion, the ADES will notify the court and provide ongoing status updates to the judge as the defendant continues through the treatment process.
After completion of DUII Diversion, ADES will often recommend the installation of an ignition interlock device in all vehicles registered to the defendant. Pursuant to Oregon law, these devices should be installed “For a first conviction, for one year after the ending date of the suspension or revocation caused by the conviction” (ORS 813.010[b]).