Termination of agreement by court
- • procedure
- • grounds
- • effect
(1) At any time before the court dismisses with prejudice the charge of possession of less than one ounce of marijuana, the court on its own motion or on the motion of the district attorney may issue an order requiring the defendant to appear and show cause why the court should not terminate the diversion agreement. The order to show cause shall state the reasons for the proposed termination and shall set an appearance date.
(2) The order to show cause shall be served on the defendant and on the defendant’s attorney, if any. Service may be made by first class mail, postage paid, addressed to the defendant at the mailing address shown on the diversion petition and agreement or at any other address that the defendant provides in writing to the court.
(3) The court shall terminate the diversion agreement and continue the offense proceeding if:
(a) At the hearing on the order to show cause, the court finds by a preponderance of the evidence that any of the reasons for termination described in this section exist; or
(b) The defendant fails to appear at the hearing on the order to show cause.
(4) If the court terminates the diversion agreement and continues the offense proceeding, the court:
(a) On the defendant’s motion and for good cause shown, may reinstate the diversion agreement at any time before conviction, acquittal or dismissal with prejudice.
(b) If the defendant is convicted, may take into account at time of sentencing any partial fulfillment by the defendant of the terms of the diversion agreement.
(5) The court shall terminate a diversion agreement under this subsection for any of the following reasons:
(a) If the defendant has failed to fulfill the terms of the diversion agreement.
(b) If the defendant did not qualify for the diversion agreement. [1989 c.1075 §10]
Note: See note under 135.907 (Notification of availability of diversion).
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.