ORS 135.891¹
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 will be dismissed with prejudice. It shall include specifically the waiver of the right to a speedy trial. It may include, but is not limited to, admissions by the defendant, stipulation of facts, stipulation that depositions of witnesses may be taken pursuant to ORS 136.080 (Deposition of witness as condition of postponement) to 136.100 (Filing and use of deposition), payment of costs as defined in ORS 135.705 (Satisfaction of injured person), restitution, performance of community service, residence in a halfway house or similar facility, maintenance of gainful employment, and participation in programs offering medical, educational, vocational, social and psychological services, corrective and preventive guidance and other rehabilitative services. [1977 c.373 §3; 1985 c.710 §5]

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/­Archive/­2007ors135.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­135ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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