ORS 135.901¹
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 the terms of the diversion agreement, the district attorney shall terminate diversion and the court shall resume criminal proceedings. However, if the former divertee is adjudicated guilty as a result thereof, the court may take into consideration at the time of the sentencing any partially successful fulfillment by such person of the terms of agreement.

(2) If the district attorney informs the court at the termination of the diversion period that the defendant has fulfilled the terms of the diversion agreement, the court shall dismiss with prejudice the criminal charges filed against the defendant.

(3) A record of the fact that an individual has participated in diversion shall be forwarded to and kept by the Department of Justice, and shall be made available upon request to any district attorney who subsequently considers diversion of such person. [1977 c.373 §5; 1981 c.64 §2]

Notes of Decisions

When district attorney terminates diversion the court is not re­quired to hold an evidentiary hearing for judicial factfinding, but a lesser pro­ce­dure adequate for a fair determina­tion of the existence of the requisite facts must be provided. State ex rel Harmon v. Blanding, 292 Or 752, 644 P2d 1082 (1982)

§§ 135.881 (Definitions for ORS 135.881 to 135.901) to 135.901 (Effect of compliance or noncompliance with agreement)

Notes of Decisions

When district attorney terminates diversion and the existence of findings on the termina­tion is disputed, the court must provide a pro­ce­dure for determining whether the requisite facts exist. State ex rel Harmon v. Blanding, 292 Or 752, 644 P2d 1082 (1982)

1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2019) (last ac­cessed May 16, 2020).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information