2015 ORS 430.490¹
Diversion plan for defendant
  • participation as condition of probation or parole

(1) Prior to the initiation of diversion, the local diversion coordinator shall submit an individual diversion plan for the defendant. Upon approval of the plan by the prosecutor and the court, the person diverted shall be required to follow the diversion plan as a condition of continuance in treatment. The plan shall be entered into the record of the court.

(2) Participation in a diversion program may be made a condition of probation or parole. [1977 c.871 §§16,28]

Notes of Decisions

These sec­tions do not confer on drug-dependent defendants right to choose treat­ment in lieu of pros­e­cu­­tion nor is there any due process or equal protec­tion right to such treat­ment; discre­tion given to prosecutors under these sec­tions does not violate separa­tion of powers doctrine. State v. Graves, 58 Or App 286, 648 P2d 866 (1982)


1 Legislative Counsel Committee, CHAPTER 430—Mental Health; Developmental Disabilities; Alcohol and Drug Treatment Programs, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors430.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 430, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano430.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.