ORS 813.020 Fee to be paid on conviction; screening and treatment; mandatory imprisonment or community service; attendance at victim impact treatment session; session fee; exemptions

When a person is convicted of driving while under the influence of intoxicants in violation of ORS 813.010, a court shall comply with the following in addition to any fine or other penalty imposed upon the person under ORS 813.010:

The court shall require the person to:

Pay to the court the fee described under ORS 813.030 in addition to any fine imposed under ORS 813.010;

Complete a screening interview and a treatment program as provided in ORS 813.021; and

Submit to booking, if the person has not already been booked.

The court must impose and not suspend execution of a sentence requiring the person either to serve at least 48 hours’ imprisonment, which shall be served consecutively unless justice requires otherwise, or to perform community service for times specified by the court under ORS 137.129. For purposes of this subsection:

A court may provide for the imprisonment to be served in jail, minimum security facilities or inpatient rehabilitation or treatment centers.

Whenever the judge provides for the mandatory imprisonment to be served other than consecutively, the judgment must specifically so provide and the judge must state the reasons in writing.

In a county that has a victim impact program a court may require the defendant to attend a victim impact treatment session. The court may not require a defendant to attend a victim impact treatment session if the defendant committed the current offense while riding a bicycle that is not an electric assisted bicycle. If the court requires attendance under this section, the court may require the defendant to pay a reasonable fee to the victim impact program to offset the cost of the defendant’s participation. The fee shall be established for each county by the victim impact panel coordinator and steering committee of that county and shall be not less than $5 or more than $50.