(1) The court shall inform at arraignment a defendant charged with the offense of possession of less than one ounce of marijuana, that a diversion agreement may be available if the offense for which the defendant is before the court is the defendant’s first offense of possession of less than one ounce of marijuana and files with the court a petition for a possession of marijuana diversion agreement.
(2) The petition form for a possession of marijuana diversion agreement shall be available to a defendant at the court.
(3) The form of the petition for a possession of marijuana diversion agreement and the information and blanks contained therein shall be determined by the Supreme Court under ORS 1.525. The petition form made available to a defendant by any state court shall conform to the requirements adopted by the Supreme Court.
(4) In addition to any other information required by the Supreme Court to be contained in a petition for a possession of marijuana diversion agreement, the petition shall include:
(a) A waiver by the defendant of the right to speedy trial or sentencing in any subsequent action upon the charge;
(b) An agreement by the defendant to complete at an agency or organization designated by the state court a diagnostic assessment to determine the possible existence and degree of a drug abuse problem;
(c) An agreement by the defendant to complete, at defendant’s own expense based on defendant’s ability to pay, the program of treatment indicated as necessary by the diagnostic assessment;
(d) An agreement by the defendant to comply fully with the laws of this state regarding controlled substances;
(e) A notice to the defendant that the diversion agreement will be considered to be violated if the court receives notice that the defendant at any time during the diversion period committed a violation of the controlled substances laws of this state;
(f) An agreement by the defendant to keep the court advised of the defendant’s current mailing address at all times during the diversion period; and
(g) A waiver by the defendant of any former jeopardy rights under the federal and state Constitutions and ORS 131.505 to 131.525 in any subsequent action upon the charge or any other offenses based upon the same criminal episode. [1989 c.1075 §5]
Note: 135.907 to 135.921 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Section: Previous 135.886 135.890 135.891 135.896 135.900 135.901 135.905 135.907 135.909 135.911 135.913 135.915 135.917 135.919 135.921 NextLast modified: August 7, 2008