Arraignment and Pretrial Provisions

ORS 135.953
How mediation may be used


(1)

A defendant may participate in mediation as part of 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).

(2)

A court, including, but not limited to, a justice court, may:

(a)

Authorize, in a pretrial release order, contact between a defendant and a victim as part of mediation between the defendant and the victim;

(b)

Consider mediation as the basis of a compromise of crimes under ORS 135.703 (Crimes subject to being compromised); or

(c)

Include participation in mediation as a condition of probation under ORS 137.540 (Conditions of probation).

(3)

A district attorney or city attorney:

(a)

May suspend prosecution of a case referred to mediation and dismiss the charges in the referred case if the defendant successfully completes the terms of the agreement resulting from the mediation; or

(b)

May include, with a defendant, mediation between the defendant and the victim as part of a plea agreement entered into under ORS 135.405 (Plea discussions and plea agreements).

(4)

A county juvenile department may include mediation between a child and a victim as one of the terms of a formal accountability agreement under ORS 419C.230 (Formal accountability agreements) or an authorized diversion program under ORS 419C.225 (Authorized diversion programs).

(5)

The Department of Corrections may use mediation for the purposes of rehabilitation and treatment.

(6)

Mediation may be used in any other appropriate manner in resolving disputes involving criminal matters. [1995 c.323 §2; 2007 c.609 §4]
Note: See note under 135.951 (Authorization).

Source

Last accessed
Jun. 26, 2021