Arraignment and Pretrial Provisions

ORS 135.891
Conditions of diversion agreement

  • dismissal of criminal charges
  • scope of agreement
  • program fee


(1)

A diversion agreement carries the understanding that if the defendant fulfills the obligations of the program described therein, the criminal charges filed against the defendant will be dismissed with prejudice. It shall include specifically the waiver of the right to a speedy trial. It may include, but is not limited to, admissions by the defendant, stipulation of facts, stipulation that depositions of witnesses may be taken pursuant to ORS 136.080 (Deposition of witness as condition of postponement) to 136.100 (Filing and use of deposition), payment of costs as defined in ORS 135.705 (Satisfaction of injured person), restitution, performance of community service, residence in a halfway house or similar facility, maintenance of gainful employment, and participation in programs offering medical, educational, vocational, social and psychological services, corrective and preventive guidance and other rehabilitative services.

(2)

As a condition of entering into a diversion agreement under ORS 135.881 (Definitions for ORS 135.881 to 135.901) to 135.901 (Effect of compliance or noncompliance with agreement), the defendant must pay a program fee of $100. The court may waive all or part of the fee in cases involving indigent defendants, or may provide for payment of the fee on an installment basis. A fee collected under this subsection in the circuit court shall be deposited by the clerk of the court in the Criminal Fine Account. If the fee is collected in a municipal or justice court, $35 of the fee shall be forwarded by the court to the Department of Revenue for deposit in the Criminal Fine Account, and the remainder of the fee shall be paid to the city or county treasurer. [1977 c.373 §3; 1985 c.710 §5; 2012 c.81 §1]
§§ 135.881 to 135.901

Notes of Decisions

When district attorney terminates diversion and the existence of findings on the termination is disputed, the court must provide a procedure for determining whether the requisite facts exist. State ex rel Harmon v. Blanding, 292 Or 752, 644 P2d 1082 (1982)


Source

Last accessed
Jun. 26, 2021