2017 ORS 475.245¹
Conditional discharge

(1) Whenever any person pleads guilty to or is found guilty of an offense listed in subsection (5) of this section, the court, without entering a judgment of guilt and with the consent of the district attorney and the person, may defer further proceedings and place the person on probation.

(2) Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided.

(3) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. There may be only one discharge and dismissal under this section with respect to any person.

(4) In the event that the period of probation under this section expires, but the terms and conditions of probation have not been fulfilled and no probation violation proceeding was initiated prior to the expiration of the period of probation, the court may not discharge the person and dismiss the proceedings against the person. The court shall instead issue an order requiring the person to appear and to show cause why the court should not enter an adjudication of guilt as described in subsection (2) of this section due to the failure of the person to fulfill the terms and conditions of probation prior to expiration of the period of probation. At the hearing on the order to show cause, after considering any evidence or argument from the district attorney and the person, the court may:

(a) Order a new period of probation to allow the person to fulfill the terms and conditions of the previous period of probation; or

(b) Enter an adjudication of guilt as described in subsection (2) of this section.

(5) This section applies to the following offenses:

(a) Possession of a controlled substance under ORS 475.752 (Prohibited acts generally) (3), 475.814 (Unlawful possession of hydrocodone), 475.824 (Unlawful possession of methadone), 475.834 (Unlawful possession of oxycodone), 475.854 (Unlawful possession of heroin), 475.874 (Unlawful possession of 3,4-methylenedioxymethamphetamine), 475.884 (Unlawful possession of cocaine) or 475.894 (Unlawful possession of methamphetamine);

(b) Unlawfully possessing a prescription drug under ORS 689.527 (Prohibited practices) (6);

(c) Unlawfully possessing marijuana plants, usable marijuana, cannabinoid products, cannabinoid concentrates or cannabinoid extracts as described in ORS 475B.337 (Unlawful possession by person 21 years of age or older) or 475B.341 (Unlawful possession by person under 21 years of age), if the offense is a misdemeanor or felony;

(d) Endangering the welfare of a minor under ORS 163.575 (Endangering the welfare of a minor) (1)(b);

(e) Frequenting a place where controlled substances are used under ORS 167.222 (Frequenting a place where controlled substances are used); and

(f) A property offense that is motivated by a dependence on a controlled substance or a marijuana item as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545). [1977 c.745 §21; 1995 c.440 §30; 1999 c.799 §1; 2001 c.834 §§6,10; 2005 c.706 §26; 2005 c.708 §§56,57; 2011 c.524 §2; 2013 c.75 §1; 2015 c.125 §1; 2016 c.24 §58; 2017 c.21 §23]

Notes of Decisions

Condi­tional discharge is not subject to ap­peal because it is not a final court disposi­tion. State v. Spencer/Fenner, 130 Or App 158, 881 P2d 154 (1994)

Under 2013 version of this sec­tion, legislature intended proba­tion pursuant to this sec­tion to mirror proba­tion under ORS chapter 137; therefore, precedents pertaining to requisite timing of revoca­tion or extension pro­ceed­ings in general proba­tionary context are controlling. State v. Granberry, 260 Or App 15, 316 P3d 363 (2013)

Chapter 475

Law Review Cita­tions

51 OLR 561 (1972); 69 OLR 171 (1990)

1 Legislative Counsel Committee, CHAPTER 475—Controlled Substances; Illegal Drug Cleanup; Miscellaneous Drugs; Paraphernalia; Precursors, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors475.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 475, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano475.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.