Mental Health

ORS 430.495
Content of diversion plan

  • duration


(1)

The diversion plan shall include appropriate methods for monitoring the progress of the diverted individual toward the achievement of the defined treatment objectives. In the presence of counsel, the defendant shall review the terms of the individual diversion plan, including methods for monitoring progress, and execute a written statement indicating consent. Such statement shall include a voluntary waiver of stipulated rights as necessary to implement the approved plan. Any authorized waiver under this section shall not extend beyond the time of participation by the person in the diversion plan.

(2)

No individual diversion plan shall continue for more than the maximum time a person can be sentenced for the offense charged. [1977 c.871 §§17,21]
§§ 430.450 to 430.555

Notes of Decisions

These sections do not confer on drug-dependent defendants right to choose treatment in lieu of prosecution nor is there any due process or equal protection right to such treatment; discretion given to prosecutors under these sections does not violate separation of powers doctrine. State v. Graves, 58 Or App 286, 648 P2d 866 (1982)


Source

Last accessed
Jun. 26, 2021