(1) After an accusatory instrument has been filed charging a defendant with commission of a crime other than driving while under the influence of intoxicants as defined in ORS 813.010, and after the district attorney has considered the factors listed in subsection (2) of this section, if it appears to the district attorney that diversion of the defendant would be in the interests of justice and of benefit to the defendant and the community, the district attorney may propose a diversion agreement to the defendant the terms of which are established by the district attorney in conformance with ORS 135.891. A diversion agreement under this section is not available to a defendant charged with the crime of driving while under the influence of intoxicants as defined in ORS 813.010.
(2) In determining whether diversion of a defendant is in the interests of justice and of benefit to the defendant 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 offender;
(c) Whether the defendant is a first-time offender; if the offender has previously participated in diversion, according to the certification of the Department of Justice, diversion shall not be offered;
(d) Whether there is a probability that the defendant will cooperate with and benefit from alternative treatment;
(e) Whether the available program is appropriate to the needs of the offender;
(f) The impact of diversion upon the community;
(g) Recommendations, if any, of the involved law enforcement agency;
(h) Recommendations, if any, of the victim;
(i) Provisions for restitution; and
(j) Any mitigating circumstances. [1977 c.373 §2; 1981 c.64 §1; 1981 c.803 §2; 1983 c.338 §889]
Section: Previous 135.860 135.865 135.870 135.873 135.875 135.880 135.881 135.886 135.890 135.891 135.896 135.900 135.901 135.905 135.907 NextLast modified: August 7, 2008