(1) Whenever a defendant accused of committing a crime participates in a diversion agreement under ORS 135.881 to 135.901 or under ORS 813.210, 813.215, 813.220 and 813.230, the defendant, as a condition of the diversion, shall pay the unitary assessment for which the defendant would have been liable under ORS 137.290 if the defendant had been convicted. The district attorney, or the city attorney if the case is prosecuted by the city attorney, shall include in the diversion agreement a provision setting forth the defendant’s obligation. If the diversion is terminated and criminal proceedings are resumed against defendant, any payment made by the defendant under this subsection shall be refunded upon subsequent acquittal of the defendant or dismissal of the case.
(2) Assessments under this section shall be paid within 90 days of imposition, unless the court allows payment at a later time. The assessments shall be paid to the clerk of the court, who shall account for and distribute the moneys as provided in ORS 137.293 and 137.295. [1987 c.905 §10; 1999 c.59 §27]
Note: 135.905 was added to and made a part of 147.005 to 147.367 by legislative action but was not added to or made a part of ORS chapter 135 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
(Possession of Marijuana)
Section: Previous 135.881 135.886 135.890 135.891 135.896 135.900 135.901 135.905 135.907 135.909 135.911 135.913 135.915 135.917 135.919 NextLast modified: August 7, 2008