(1) A formal accountability agreement may be entered into when a youth has been referred to a county juvenile department, and a juvenile department counselor has probable cause to believe that the youth may be found to be within the jurisdiction of the juvenile court for one or more acts specified in ORS 419C.005.
(2) Notwithstanding subsection (1) of this section, unless authorized by the district attorney, a formal accountability agreement may not be entered into when the youth:
(a) Is alleged to have committed an act that if committed by an adult would constitute:
(A) A felony sex offense under ORS 163.355, 163.365, 163.375, 163.385, 163.395, 163.405, 163.408, 163.411, 163.425 or 163.427; or
(B) An offense involving the use or possession of a firearm, as defined in ORS 166.210, or destructive device, as described in ORS 166.382; or
(b) Is being referred to the county juvenile department for a second or subsequent time for commission of an act that if committed by an adult would constitute a felony.
(3) The juvenile department must consult the victim before entering into a formal accountability agreement if:
(a) The victim has requested consultation in plea negotiations; and
(b) The formal accountability agreement involves an alleged act that if committed by an adult would constitute a violent felony. [1993 c.33 §189; 1995 c.422 §74; 1999 c.577 §8; 2007 c.609 §19]
Section: Previous 419C.203 419C.206 419C.209 419C.220 419C.223 419C.225 419C.226 419C.230 419C.233 419C.236 419C.237 419C.239 419C.242 419C.245 419C.250 NextLast modified: August 7, 2008