2011 ORS § 419C.443¹
Diversion
  • marijuana offenses
  • requirements

(1) Except when otherwise provided in subsection (3) of this section, when a youth offender has been found to be within the jurisdiction of the court under ORS 419C.005 (Jurisdiction) for a first violation of the provisions under ORS 475.860 (Unlawful delivery of marijuana) (3)(b) or 475.864 (Unlawful possession of marijuana) (3), the court shall order an evaluation and designate agencies or organizations to perform diagnostic assessment and provide programs of information and treatment. The designated agencies or organizations must meet the standards set by the Director of the Oregon Health Authority. Whenever possible, the court shall designate agencies or organizations to perform the diagnostic assessment that are separate from those that may be designated to carry out a program of information or treatment. The parent of the youth offender shall pay the cost of the youth offenders participation in the program based upon the ability of the parent to pay. The petition shall be dismissed by the court upon written certification of the youth offenders successful completion of the program from the designated agency or organization providing the information and treatment.

(2) Monitoring the youth offenders progress in the program shall be the responsibility of the diagnostic assessment agency or organization. The agency or organization shall make a report to the court stating the youth offenders successful completion or failure to complete all or any part of the program specified by the diagnostic assessment. The form of the report shall be determined by agreement between the court and the diagnostic assessment agency or organization. The court shall make the report a part of the record of the case.

(3) The court is not required to make the disposition required by subsection (1) of this section if the court determines that the disposition is inappropriate in the case or if the court finds that the youth offender has previously entered into a formal accountability agreement under ORS 419C.239 (Requirements of agreement) (1)(i). [1993 c.33 §228; 1995 c.422 §135; 1995 c.440 §5; 2003 c.396 §108; 2005 c.22 §295; 2005 c.708 §55; 2009 c.595 §367]