(1) Whenever a defendant accused of committing a crime participates in a diversion agreement under ORS 135.881 (Definitions for ORS 135.881 to 135.901) to 135.901 (Effect of compliance or noncompliance with agreement) or under ORS 813.210 (Petition), 813.215 (Eligibility for diversion), 813.220 (Matters to be considered by court in determining to allow diversion agreement) and 813.230 (Diversion agreement), the defendant, as a condition of the diversion, shall pay the unitary assessment for which the defendant would have been liable under ORS 137.290 (Unitary assessment) if the defendant had been convicted. The district attorney, or the city attorney if the case is prosecuted by the city attorney, shall include in the diversion agreement a provision setting forth the defendant’s obligation. If the diversion is terminated and criminal proceedings are resumed against defendant, any payment made by the defendant under this subsection shall be refunded upon subsequent acquittal of the defendant or dismissal of the case.
(2) Assessments under this section shall be paid within 90 days of imposition, unless the court allows payment at a later time. The assessments shall be paid to the clerk of the court, who shall account for and distribute the moneys as provided in ORS 137.293 (All monetary obligations constitute single obligation on part of convicted person) and 137.295 (Categories of monetary obligations). [1987 c.905 §10; 1999 c.59 §27]
Note: 135.905 (Unitary assessment) was added to and made a part of 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) by legislative action but was not added to or made a part of ORS chapter 135 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
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.