Arraignment and Pretrial Provisions

ORS 135.418
Prohibited plea agreement provisions


(1)

A prosecuting attorney may not condition a defendant’s plea offer on:

(a)

The defendant’s waiver of:

(A)

The disclosure obligation of ORS 135.815 (Disclosure to defendant) (1)(g).

(B)

The ability to receive the audio recording of grand jury proceedings as permitted under ORS 132.270 (Release and use of recording, transcript, notes or report), if the indictment has been indorsed “a true bill.”

(C)

Eligibility for transitional leave under ORS 421.168 (Transitional leave).

(D)

Eligibility for a reduction in the term of incarceration under ORS 421.120 (Reduction in term of sentence) or 421.121 (Reduction in term of incarceration).

(E)

Eligibility for any reduction in sentence, leave or release from custody or any other program for which the executing or releasing authority may consider the defendant, including programs for which the executing or releasing authority determines eligibility and programs for which consideration must be ordered by the sentencing court under ORS 137.750 (Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs).

(b)

A requirement that the defendant or the defense attorney stipulate to the unconstitutionality of an existing law.

(2)

(a) A plea agreement may not contain a provision prohibited by subsection (1) of this section.

(b)

A prohibited provision described in subsection (1) of this section in a plea agreement is contrary to public policy and is void and unenforceable.

(3)

As used in this section, “executing or releasing authority” has the meaning given that term in ORS 137.750 (Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs). [2018 c.37 §2; 2019 c.684 §1]

Source

Last accessed
Jun. 26, 2021