Oregon Statutes - Chapter 135 - Arraignment and Pretrial Provisions

135.010 Time and place.
When the accusatory instrument has been filed, and if the defendant has been arrested, or as soon thereafter as the defendant may be arrested, the...
135.020 Scope of proceedings.
The arraignment shall be made by the court, or by the clerk or the district attorney under its direction, as provided in ORS 135.030. The...
135.030 When presence of defendant is required; appearance by counsel.
(1) When the accusatory instrument charges a crime punishable as a felony, the defendant shall appear in person at the arraignment. (2) When the accusatory...
135.035 Bringing in defendant not yet arrested or held to answer.
When an accusatory instrument is filed in court, if the defendant has not been arrested and held to answer the charge, unless the defendant voluntarily...
135.037 Omnibus hearing; when held; subject; ruling of court; counsel required.
(1) At any time after the filing of the accusatory instrument in circuit court and before the commencement of trial thereon, the court upon motion...
135.040 Right to counsel.
If the defendant appears for arraignment without counsel, the defendant shall be informed by the court that it is the right of the defendant to...
135.045 Court appointment of counsel; waiver of counsel; appointment of legal advisor.
(1)(a) If the defendant in a criminal action appears without counsel at arraignment or thereafter, the court shall determine whether the defendant wishes to be...
135.050 Eligibility for court-appointed counsel; financial statement; termination; civil liability.
(1) Suitable counsel for a defendant shall be appointed by a municipal, county or justice court if: (a) The defendant is before a court on...
135.053 [1979 c.806 §1; 1981 s.s. c.3 §124; repealed by 1985 c.502 §28]
135.055 Compensation and expenses of appointed counsel.
(1) Counsel appointed pursuant to ORS 135.045 or 135.050 shall be paid fair compensation for representation in the case: (a) By the county, subject to...
135.060 Communication to defendant as to use of name in accusatory instrument; effect of acknowledging true name at arraignment.
(1) When the defendant is arraigned, the defendant shall be informed that: (a) If the name by which the defendant is charged in the accusatory...
135.065 Name used in further proceedings; motion to strike false name.
(1) If the defendant gives no other name, the court may proceed against the defendant by the name in the accusatory instrument. If the defendant...
135.067 Effect of failure to provide true name of defendant on certain types of release.
If a defendant, on or after August 12, 2003, fails to provide the defendant�s true name under ORS 135.060 or 135.065 and is on personal...
135.070 Information as to charge, right to counsel, use of statement, preliminary hearing and use by State Board of Parole and Post-Prison Supervision.
When the defendant against whom an information has been filed in a preliminary proceeding appears before a magistrate on a charge of having committed a...
135.073 Statement by defendant when not advised of rights.
Evidence obtained directly or indirectly as a result of failure of a magistrate to comply with ORS 135.070 shall not be admissible before the grand...
135.075 Obtaining counsel.
The magistrate shall allow the defendant a reasonable time to obtain counsel and shall adjourn the proceeding for that purpose. A defendant who is committed...
135.080 [Formerly 133.635; repealed by 1979 c.867 §18]
135.085 Subpoenaing witnesses.
(1) The magistrate shall issue subpoenas for any witness within the state when requested by the district attorney or the defendant for the preliminary hearing....
135.090 Examination of adverse witnesses.
The witnesses shall be examined in the presence of the defendant and may be cross-examined in behalf of the defendant or against the defendant. [Formerly
135.095 Right of defendant to make or waive making a statement.
When the examination of the witnesses on the part of the state is closed, the magistrate shall inform the defendant that it is the right...
135.100 Statement of defendant.
If the defendant chooses to make a statement, the magistrate shall take it in a recorded proceeding without oath, and shall put to the defendant...
135.105 Use of statement before grand jury or on trial.
The statement of the defendant is competent testimony to be laid before the grand jury and may be given in evidence at the trial. [Formerly
135.110 [Amended by 1973 c.836 §132; renumbered 135.030]
135.115 Waiver of right to make statement.
If the defendant waives the right of the defendant to make a statement, the fact of the waiver of the defendant cannot be used against...
135.120 [Repealed by 1973 c.836 §358]
135.125 Examination of defendant�s witnesses.
After the waiver of the defendant to make a statement or after the defendant has made it, the witnesses of the defendant, if the defendant...
135.130 [Repealed by 1973 c.836 §358]
135.135 Exclusion of witnesses during examination of others.
The magistrate may exclude the witnesses who have not been examined during the examination of the defendant or of a witness for the state or...
135.139 Notice of availability of testing for HIV and other communicable diseases to person charged with crime; when court may order test; victim�s rights.
(1) When a person has been charged with a crime in which it appears from the nature of the charge that the transmission of body...
135.140 [Amended by 1973 c.836 §133; renumbered 135.035]
135.145 Testimony of witnesses.
The testimony of the witnesses in a preliminary hearing shall be recorded. [Formerly 133.740; 1991 c.790 §14]
135.150 [Repealed by 1973 c.836 §358]
135.155 Retention of record and statements by magistrate; inspection.
The magistrate shall keep the record of the preliminary hearing and the statement of the defendant, if any, until the record is returned to the...
135.160 [Repealed by 1973 c.836 §358]
135.165 Counsel for complainant; district attorney.
The complainant may employ counsel to appear against the defendant in every stage of the preliminary hearing; but the district attorney for the county, either...
135.170 [Repealed by 1973 c.836 §358]
135.173 Oregon Evidence Code to apply in preliminary hearings; exception.
The Oregon Evidence Code shall apply in any preliminary hearing under this chapter, except that hearsay may be admitted if the court determines that it...
135.175 Discharge.
After hearing the evidence and the statement of the defendant, if the defendant has made one, unless there is a showing of probable cause that...
135.180 [Repealed by 1973 c.836 §358]
135.185 Holding defendant to answer; use of hearsay evidence.
If it appears from the preliminary hearing that there is probable cause to believe that a crime has been committed and that the defendant committed...
135.190 [Repealed by 1973 c.836 §358]
135.195 Commitment.
If the magistrate orders the defendant to be held to answer, the magistrate shall make out a commitment, signed by the magistrate with the name...
135.200 [Repealed by 1973 c.836 §358]
135.205 Indorsement in certain cases.
When the magistrate delivers the defendant to a peace officer other than the one to whom the defendant is committed, the magistrate shall first make...
135.210 [Repealed by 1973 c.836 §358]
135.215 Direction to sheriff; detention of defendant.
The commitment shall be directed to the sheriff of the county in which the magistrate is sitting. Such sheriff shall receive and detain the defendant,...
135.225 Forwarding of papers by magistrate.
When the magistrate has held the defendant to answer, the magistrate shall at once forward to the court in which the defendant would be triable:...
135.230 Definitions for ORS 135.230 to 135.290.
As used in ORS 135.230 to 135.290, unless the context requires otherwise: (1) �Abuse� means: (a) Attempting to cause or intentionally, knowingly or recklessly causing...
135.235 Release assistance officer; appointment; duties.
(1) If directed by the presiding judge for a judicial district, a release assistance officer, and release assistance deputies who shall be responsible to the...
135.240 Releasable offenses.
(1) Except as provided in subsections (2), (4) and (5) of this section, a defendant shall be released in accordance with ORS 135.230 to 135.290....
135.245 Release decision.
(1) Except as provided in ORS 135.240, a person in custody has the right to immediate security release or to be taken before a magistrate...
135.250 General conditions of release agreement.
(1) If a defendant is released before judgment, the conditions of the release agreement shall be that the defendant will: (a) Appear to answer the...
135.255 Release agreement.
(1) The defendant shall not be released from custody unless the defendant files with the clerk of the court in which the magistrate is presiding...
135.260 Conditional release.
(1) Conditional release may include one or more of the following conditions: (a) Release of the defendant into the care of a qualified person or...
135.265 Security release.
(1) If the defendant is not released on personal recognizance under ORS 135.255, or granted conditional release under ORS 135.260, or fails to agree to...
135.270 Taking of security.
When a security amount has been set by a magistrate for a particular offense or for a defendant�s release, any person designated by the magistrate...
135.280 Arrest warrant; forfeiture.
(1) Upon failure of a person to comply with any condition of a release agreement or personal recognizance, the court having jurisdiction may, in addition...
135.285 Modification of release decision; release upon appeal.
(1) If circumstances concerning the defendant�s release change, the court, on its own motion or upon request by the district attorney or defendant, may modify...
135.290 Punishment by contempt of court.
(1) A supervisor of a defendant on conditional release who knowingly aids the defendant in breach of the conditional release or who knowingly fails to...
135.295 Application of ORS 135.230 to 135.290 to certain traffic offenses.
Provision for release contained in ORS 135.230 to 135.290 shall not apply to any traffic offenses as defined for the Oregon Vehicle Code except the...
135.305 Types of answer.
If the defendant does not require time, as provided in ORS 135.380, or if the defendant does, then on the next day or at such...
135.310 [Renumbered 135.040]
135.315 Types of pleading.
The only pleadings on the part of the defendant are the demurrer and plea. [Formerly 135.430]
135.320 [Amended by 1961 c.696 §2; 1967 c.475 §2; 1973 c.836 §134; renumbered 135.045]
135.325 Pleading a judgment.
In pleading a judgment or other determination of or proceeding before a court or officer of special jurisdiction, it is not necessary for the defendant...
135.330 [Amended by 1961 c.698 §1; 1967 c.628 §1; 1971 c.677 §1; renumbered 135.055]
135.335 Pleading by defendant; alternatives.
(1) The kinds of plea to an indictment, information or complaint, or each count thereof, are: (a) Guilty. (b) Not guilty. (c) No contest. (2)...
135.340 [Amended by 1973 c.836 §136; renumbered 135.060]
135.345 Legal effect of plea of no contest.
A judgment following entry of a no contest plea is a conviction of the offense to which the plea is entered. [1973 c.836 §160]
135.350 [Amended by 1973 c.836 §137; renumbered 135.065]
135.355 Presentation of plea; entry in register; forms.
(1) Every plea shall be oral and shall be entered in the register of the court in substantially one of the following forms: (a) �The...
135.360 Special provisions relating to presentation of plea of guilty or no contest.
(1) Except as provided in subsection (2) of this section, a plea of guilty or no contest to a crime punishable as a felony shall...
135.365 Withdrawal of plea of guilty or no contest.
The court may at any time before judgment, upon a plea of guilty or no contest, permit it to be withdrawn and a plea of...
135.370 Not guilty plea as denial of allegations of accusatory instrument.
The plea of not guilty controverts and is a denial of every material allegation in the accusatory instrument. [Formerly 135.860]
135.375 Pleading to other offenses.
(1) As used in this section: (a) �Initiating county� means the county in which the defendant appears for the purpose of entering a plea to...
135.380 Time of entering plea; aid of counsel.
(1) A defendant shall not be required to plead to an offense punishable by imprisonment until the defendant is represented by counsel, unless the defendant...
135.385 Defendant to be advised by court.
(1) The court shall not accept a plea of guilty or no contest to a felony or other charge on which the defendant appears in...
135.390 Determining voluntariness of plea.
(1) The court shall not accept a plea of guilty or no contest without first determining that the plea is voluntary and intelligently made. (2)...
135.395 Determining accuracy of plea.
After accepting a plea of guilty or no contest, the court shall not enter a judgment without making such inquiry as may satisfy the court...
135.405 Plea discussions and plea agreements.
(1) In cases in which it appears that the interest of the public in the effective administration of criminal justice would thereby be served, and...
135.406 Consultation with victim regarding plea discussions.
(1) In any case involving a defendant charged with a violent felony: (a) If the victim requests within the time period designated in the notice...
135.407 Plea agreement must contain defendant�s criminal history classification; stipulations.
In cases arising from felonies committed on or after November 1, 1989: (1) Whenever a plea agreement is presented to the sentencing judge, the defendant�s...
135.410 [Repealed by 1973 c.836 §358]
135.415 Criteria to be considered in plea discussions and plea agreements.
In determining whether to engage in plea discussions for the purpose of reaching a plea agreement, the district attorney may take into account, but is...
135.420 [Amended by 1973 c.836 §158; renumbered 135.305]
135.425 Responsibilities of defense counsel.
(1) Defense counsel shall conclude a plea agreement only with the consent of the defendant, and shall insure that the decision whether to enter a...
135.430 [Renumbered 135.315]
135.432 Responsibilities of trial judge.
(1)(a) The trial judge shall not participate in plea discussions, except to: (A) Inquire of the parties about the status of any discussions; (B) Participate...
135.435 Discussion and agreement not admissible.
(1) Except as provided in subsection (2) of this section, none of the following shall be received in evidence for or against a defendant in...
135.440 [Repealed by 1973 c.836 §358]
135.445 Withdrawn plea or statement not admissible.
(1) A plea of guilty or no contest which is not accepted or has been withdrawn shall not be received against the defendant in any...
135.450 [Renumbered 135.325]
135.455 Notice prior to trial of intention to rely on alibi evidence; content of notice; effect of failure to supply notice.
(1) If the defendant in a criminal action proposes to rely in any way on alibi evidence, the defendant shall, not less than five days...
135.460 [Repealed by 1973 c.836 §358]
135.465 Defect in accusatory instrument as affecting acquittal on merits.
When the defendant is acquitted on the merits, the defendant is considered acquitted of the offense charged in the accusatory instrument, notwithstanding a defect in...
135.470 Motion to dismiss accusatory instrument on grounds of former jeopardy.
(1) The court shall dismiss the accusatory instrument if, upon motion of the defendant, it appears, as a matter of law, that a former prosecution...
135.510 Grounds for motion to set aside the indictment.
(1) The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases: (a) When it...
135.520 Time of making motion; hearing.
A motion to set aside the indictment or dismiss the accusatory instrument shall be made and heard at the time of the arraignment or within...
135.530 Effect of allowance of motion.
(1) If the motion to set aside or dismiss is allowed, the court shall order that the defendant, if in custody, be discharged therefrom or,...
135.540 Effect of resubmission of case.
Subject to the limitations of ORS 135.530 (2), if the court allows the case to be resubmitted or refiled, the defendant, if then in custody,...
135.550 [Repealed by 1973 c.836 §358]
135.560 Order to set aside is no bar to future prosecution.
Except for an order dismissing an accusatory instrument on grounds of former jeopardy, an order to set aside an indictment or to dismiss an accusatory...
135.610 Demurrer; generally.
(1) The demurrer shall be entered either at the time of the arraignment or at such other time as may be allowed to the defendant...
135.620 [Repealed by 1973 c.836 §358]
135.630 Grounds of demurrer.
The defendant may demur to the accusatory instrument when it appears upon the face thereof: (1) If the accusatory instrument is an indictment, that the...
135.640 When objections that are grounds for demurrer may be taken.
When the objections mentioned in ORS 135.630 appear upon the face of the accusatory instrument, they can only be taken by demurrer, except that the...
135.650 Hearing of objections specified by demurrer.
Upon the filing of the demurrer, the objections presented thereby shall be heard either immediately or at such time as the court may direct.
135.660 Judgment on demurrer; entry in register.
Upon considering the demurrer, the court shall give judgment, either allowing or disallowing it, and an entry to that effect shall be made in the...
135.670 Allowance of demurrer.
(1) If the demurrer is allowed, the judgment is final upon the accusatory instrument demurred to and is a bar to another action for the...
135.680 Failure to resubmit case after allowance of demurrer.
If the court does not allow the case to be resubmitted or an amended complaint or information filed, the defendant, if in custody, shall be...
135.690 Resubmission of case.
If the court allows the case to be resubmitted, the same proceedings shall be had thereon as are prescribed in ORS 135.540. [Amended by 1973...
135.700 Disallowance of demurrer.
If the demurrer is disallowed, the court shall permit the defendant, at the election of the defendant, to plead, which the defendant must do forthwith...
135.703 Crimes subject to being compromised; exceptions.
(1) When a defendant is charged with a crime punishable as a misdemeanor for which the person injured by the act constituting the crime has...
135.705 Satisfaction of injured person; dismissal of charges.
(1)(a) If the person injured acknowledges in writing, at any time before trial on an accusatory instrument for the crime, that the person has received...
135.707 Discharge as bar to prosecution.
The order authorized by ORS 135.705, when made and entered, is a bar to another prosecution for the same crime. [Formerly 134.030]
135.709 Exclusiveness of procedure.
No crime can be compromised nor can any proceeding for the prosecution or punishment thereof be stayed upon a compromise, except as provided in ORS...
135.711 Facts constituting crime or subcategory of crime required.
For any felony committed on or after November 1, 1989, the accusatory instrument shall allege facts sufficient to constitute a crime or a specific subcategory...
135.713 Necessity of stating presumptions of law and matters judicially noticed.
Neither presumptions of law nor matters of which judicial notice is taken need be stated in an accusatory instrument. [Formerly 132.570]
135.715 Effect of nonprejudicial defects in form of accusatory instrument.
No accusatory instrument is insufficient, nor can the trial, judgment or other proceedings thereon be affected, by reason of a defect or imperfection in a...
135.717 Time of crime.
The precise time at which the offense was committed need not be stated in the accusatory instrument, but it may be alleged to have been...
135.720 Place of crime in certain cases.
In an accusatory instrument for an offense committed as described in ORS 131.315 and 131.325, it is sufficient to allege that the offense was committed...
135.725 Person injured or intended to be injured.
When a crime involves the commission of or an attempt to commit a private injury and is described with sufficient certainty in other respects to...
135.727 Description of animal.
When an offense involves the taking of or injury to an animal, the accusatory instrument is sufficiently certain in that respect if it describes the...
135.730 Judgments; facts conferring jurisdiction.
In pleading in an accusatory instrument a judgment or other determination of or proceeding before a court or officer of special jurisdiction, it is not...
135.733 Defamation.
An accusatory instrument for criminal defamation need not set forth any extrinsic facts for the purpose of showing the application to the party defamed of...
135.735 Forgery; misdescription of forged instrument.
When an instrument which is the subject of an accusatory instrument for forgery has been destroyed or withheld by the act or procurement of the...
135.737 Perjury.
In an accusatory instrument for perjury, attempted perjury, solicitation of perjury or conspiracy to commit perjury it is sufficient to set forth the substance of...
135.740 Construction of words and phrases used.
The words used in an accusatory instrument must be construed in their usual acceptation in common language, except words and phrases defined by law, which...
135.743 Fictitious or erroneous name; insertion of true name.
When a defendant is charged in an accusatory instrument by a fictitious or erroneous name and in any stage of the proceedings the true name...
135.745 Delay in finding an indictment or filing an information.
When a person has been held to answer for a crime, if an indictment is not found against the person within 30 days or the...
135.747 Effect of delay in bringing defendant to trial.
If a defendant charged with a crime, whose trial has not been postponed upon the application of the defendant or by the consent of the...
135.750 Where there is reason for delay.
If the defendant is not proceeded against or tried, as provided in ORS 135.745 and 135.747, and sufficient reason therefor is shown, the court may...
135.753 Effect of dismissal.
(1) If the court directs the charge or action to be dismissed, the defendant, if in custody, shall be discharged. If the defendant has been...
135.755 Dismissal on motion of court or district attorney.
The court may, either of its own motion or upon the application of the district attorney, and in furtherance of justice, order the proceedings to...
135.757 Nolle prosequi; discontinuance by district attorney.
The entry of a nolle prosequi is abolished, and the district attorney cannot discontinue or abandon a prosecution for a crime, except as provided in...
135.760 Notice requesting early trial on pending charge.
(1) Any inmate in the custody of the Department of Corrections or of the supervisory authority of a county pursuant to a commitment under ORS...
135.763 Trial within 90 days of notice unless continuance granted.
(1) The district attorney, after receiving a notice requesting trial under ORS 135.760, shall, within 90 days of receipt of the notice, bring the inmate...
135.765 Dismissal of criminal proceeding not brought to trial within allowed time; exceptions.
(1) On motion of the defendant or the counsel of the defendant, or on its own motion, the court shall dismiss any criminal proceeding not...
135.767 Presence of prisoner at proceedings.
(1) Whenever the presence of an inmate in the custody of the Department of Corrections or of the supervisory authority of a county pursuant to...
135.770 Release of prisoner prohibited.
No inmate in the custody of a sheriff under ORS 135.767 shall be released pending a criminal proceeding under ORS 135.760 to 135.773 or any...
135.773 District attorney to furnish certain documents.
The district attorney shall, in all proceedings against inmates under ORS 135.760 to 135.773, obtain for and furnish to the court a certified copy of...
135.775 Agreement on Detainers.
The Agreement on Detainers is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form...
135.777 Definition for ORS 135.775.
As used in the Agreement on Detainers, the term �appropriate court� means any court of this state that has criminal jurisdiction. [Formerly 134.615]
135.779 Enforcement of ORS 135.775 by public agencies.
All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the Agreement on Detainers and to...
135.783 Effect of escape from custody in another state.
Escape from custody while in another state pursuant to the Agreement on Detainers is an offense against the laws of this state to the same...
135.785 Surrender of custody under ORS 135.775.
The official in charge of a Department of Corrections institution in this state shall give over the person of any inmate thereof whenever so required...
135.787 Administrator of agreement; appointment; duties.
The Governor may appoint an administrator who shall perform the duties and functions and exercise the powers conferred upon such person by Article VII of...
135.789 Notice of request for temporary custody; prisoner�s rights.
In order to implement paragraph (a) of Article IV of the Agreement on Detainers, and in furtherance of its purposes, the appropriate authorities having custody...
135.791 Request for final disposition of detainer from prisoner without state.
When the district attorney of any county shall have received written notice from a prisoner in another state of the prisoner�s request for final disposition...
135.793 Procedure where untried instrument pending against prisoner without state.
Any officer of a jurisdiction in this state in which an untried accusatory instrument is pending against a prisoner in another state, and who desires...
135.805 Applicability; scope of disclosure.
(1) The provisions of ORS 135.805 to 135.873 are applicable to all criminal prosecutions in which the charging instrument has been brought in a court...
135.810 [Repealed by 1973 c.836 §358]
135.815 Disclosure to defendant.
(1) Except as otherwise provided in ORS 135.855 and 135.873, the district attorney shall disclose to a represented defendant the following material and information within...
135.820 [Repealed by 1973 c.836 §358]
135.825 Other disclosure to defense; special conditions.
Except as otherwise provided in ORS 135.855 and 135.873, the district attorney shall disclose to the defense: (1) The occurrence of a search or seizure;...
135.830 [Amended by 1973 c.836 §161; renumbered 135.355]
135.835 Disclosure to the state.
Except as otherwise provided in ORS 135.855 and 135.873, the defense shall disclose to the district attorney the following material and information within the possession...
135.840 [Amended by 1973 c.836 §162; renumbered 135.360]
135.845 Time of disclosure.
(1) The obligations to disclose shall be performed as soon as practicable following the filing of an indictment or information in the circuit court or...
135.850 [Amended by 1973 c.836 §163; renumbered 135.365]
135.855 Material and information not subject to discovery.
(1) The following material and information shall not be subject to discovery under ORS 135.805 to 135.873: (a) Work product, legal research, records, correspondence, reports...
135.857 Disclosure to victim; conditions.
(1) In any criminal prosecution arising from an automobile collision in which the defendant is alleged to have been under the influence of alcohol or...
135.860 [Amended by 1973 c.836 §164; renumbered 135.370]
135.865 Effect of failure to comply with discovery requirements.
Upon being apprised of any breach of the duty imposed by the provisions of ORS 135.805 to 135.873 and 135.970, the court may order the...
135.870 [Amended by 1971 c.743 §321; repealed by 1973 c.836 §358]
135.873 Protective orders.
(1) As used in this section: (a) �Local government� has the meaning given that term in ORS 174.116. (b) �Sexual offense� includes but is not...
135.875 [1969 c.293 §1; renumbered 135.455]
135.880 [Amended by 1973 c.836 §176; renumbered 135.465]
135.881 Definitions for ORS 135.881 to 135.901.
As used in ORS 135.881 to 135.901: (1) �District attorney� has the meaning given that term by ORS 131.005 (8). (2) �Diversion� means referral of...
135.886 Requirements for diversion; factors considered.
(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...
135.890 [Repealed by 1973 c.836 §358]
135.891 Conditions of diversion agreement; dismissal of criminal charges; scope of agreement.
A diversion agreement carries the understanding that if the defendant fulfills the obligations of the program described therein, the criminal charges filed against the defendant...
135.896 Stay of criminal proceedings during period of agreement; limitation on stay; effect of declining diversion.
If the district attorney elects to offer diversion in lieu of further criminal proceedings and the defendant, with the advice of counsel, agrees to the...
135.900 [Repealed by 1973 c.836 §358]
135.901 Effect of compliance or noncompliance with agreement; effect of partial compliance in subsequent criminal proceedings; record of participation in program.
(1) If the district attorney finds at the termination of the diversion period or any time prior thereto that the divertee has failed to fulfill...
135.905 Unitary assessment.
(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...
135.907 Notification of availability of diversion; petition form; information.
(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...
135.909 Filing petition; procedure.
(1) After an accusatory instrument has been filed charging the defendant with the offense of possession of less than one ounce of marijuana, a defendant...
135.911 Diversion for first offense only.
After the time for requesting a hearing under ORS 135.909 has expired with no request for a hearing, or after a hearing requested under ORS...
135.913 Diversion agreement part of record of case; duration of agreement; effect of denial of petition.
(1) When the court allows a petition for a possession of marijuana diversion agreement filed as provided in ORS 135.909, the judge taking that action...
135.915 Effect of compliance with agreement.
(1) At any time after the conclusion of the period of a possession of marijuana diversion agreement described in ORS 135.913, a defendant who has...
135.917 Designation of agencies to perform diagnostic assessments; duties of agency.
(1) Courts having jurisdiction over the offense of possession of less than one ounce of marijuana shall designate agencies or organizations to perform the diagnostic...
135.919 Termination of agreement by court; procedure; grounds; effect.
(1) At any time before the court dismisses with prejudice the charge of possession of less than one ounce of marijuana, the court on its...
135.921 Amount and distribution of filing fee; diagnostic assessment fee.
(1) The filing fee paid by a defendant at the time of filing a petition for a possession of marijuana diversion agreement as provided in...
135.925 Bad check diversion program.
(1) As used in this section, �bad check diversion program� means a program established under subsection (2) of this section. (2) A district attorney may...
135.930 [1983 c.487 §1; 1987 c.320 §22; repealed by 1987 c.908 §4]
135.935 [1983 c.487 §2; 1987 c.320 §23; repealed by 1987 c.908 §4]
135.940 [1983 c.487 §3; 1987 c.320 §24; repealed by 1987 c.908 §4]
135.941 Early disposition programs.
To effectuate the purposes set out in ORS 135.942, each local public safety coordinating council established under ORS 423.560: (1) Shall establish early disposition programs...
135.942 Purposes of program.
The purposes of an early disposition program are to: (1) Hold offenders accountable for their actions; (2) Ensure a prompt resolution of criminal matters; (3)...
135.943 Provisions of program.
An early disposition program established under ORS 135.941 must provide, but need not be limited to, the following: (1) Written criteria for eligibility to participate...
135.945 [1983 c.487 §4; 1987 c.320 §25; repealed by 1987 c.908 §4]
135.946 [2001 c.635 §9; repealed by 2005 c.308 §1]
135.948 Availability to probationers.
(1)(a) A district attorney may provide an offer and agreed disposition recommendation under an early disposition program established under ORS 135.941 to a probationer at...
135.949 Other programs authorized.
Nothing in ORS 135.941, 135.942, 135.943 and 135.948 or in the amendments to ORS 135.380, 135.385, 135.390 and 135.405 by sections 10 to 13, chapter...
135.950 [1983 c.487 §5; repealed by 1987 c.908 §4]
135.951 Authorization; determining when appropriate; exclusions.
(1) Law enforcement agencies, city attorneys and district attorneys may consider the availability and likely effectiveness of mediation in determining whether to process and prosecute...
135.953 How mediation may be used.
(1) A defendant may participate in mediation as part of a diversion agreement under ORS 135.881 to 135.901. (2) A court, including, but not limited...
135.955 Notifying victims and person charged with crime of mediation opportunities.
(1) Law enforcement agencies, district attorneys and city attorneys may inform: (a) The victim of a crime of: (A) Any mediation opportunities that may be...
135.957 Application of ORS 36.220 to 36.238 to mediation of criminal offenses; information to parties.
The provisions of ORS 36.220 to 36.238 do not apply to a mediation conducted under ORS 135.951 or 135.953 unless the parties to the mediation...
135.959 Authority to contract with dispute resolution programs.
A law enforcement agency, city attorney, district attorney, county juvenile department or court may contract with dispute resolution programs to provide mediation services under ORS...
135.970 When address and phone number of victim or witness not to be given to defendant; deposition of victim; when contact with victim prohibited; effect of threats by defendant.
(1) If the victim or a witness requests, the court shall order that the victim�s or witness�s address and phone number not be given to...
135.975 [1987 c.475 §2; repealed by 1989 c.790 §74]
135.980 Rehabilitative programs directory; compilation; availability.
(1) By January 1, 1990, the Director of the Department of Corrections shall compile and thereafter maintain a directory of public and private rehabilitative programs...
135.990 Penalties.
Violation of ORS 135.155 is punishable as a contempt by the court having jurisdiction of the crime charged against the defendant. [Formerly 133.990] _______________

Last modified: August 7, 2008