Probation without entering judgment of guilt
- when appropriate
- effect of violating condition of probation
(1)Whenever a person pleads guilty to or is found guilty of a misdemeanor other than driving while under the influence of intoxicants or other than a misdemeanor involving domestic violence as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290), the court may defer further proceedings and place the person on probation, upon motion of the district attorney and without entering a judgment of guilt, if the person:
(a)Consents to the disposition;
(b)Has not previously been convicted of any offense in any jurisdiction;
(c)Has not been placed on probation under ORS 137.532 (Probation without entering plea) or 475.245 (Conditional discharge);
(d)Has not completed a diversion under ORS 135.881 (Definitions for ORS 135.881 to 135.901) to 135.901 (Effect of compliance or noncompliance with agreement); and
(e)Agrees to pay a fee equal to $100. The person must pay the amount within 90 days of imposition unless the court allows payment at a later time.
(2)A district attorney may submit a motion under subsection (1) of this section if, after considering the factors listed in subsection (3) of this section, the district attorney finds that disposition under this section would be in the interests of justice and of benefit to the person and the community.
(3)In determining whether disposition under this section is in the interests of justice and of benefit to the person and the community, the district attorney shall consider at least the following factors:
(a)The nature of the offense. However, the offense must not have involved injury to another person.
(b)Any special characteristics or difficulties of the person.
(c)Whether there is a probability that the person will cooperate with and benefit from alternative treatment.
(d)Whether an available program is appropriate to the needs of the person.
(e)The impact of the disposition upon the community.
(f)Recommendations, if any, of the involved law enforcement agency.
(g)Recommendations, if any, of the victim.
(h)Provisions for restitution.
(i)Any mitigating circumstances.
(4)Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon the person’s fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. A discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. A person may be discharged and have proceedings dismissed only once under this section.
(5)Subsections (1) to (4) of this section do not affect any domestic violence sentencing programs. [1999 c.819 §§1,2; 2011 c.597 §124; 2021 c.330 §2]
Section 137.533 — Probation without entering judgment of guilt; when appropriate; effect of violating condition of probation,