Chapter 135 — Chapter 135

ORS 135.770 Release of prisoner prohibited. No adult in the custody of a sheriff under ORS 135.767 shall be released pending a criminal proceeding under ORS 135.760 to 135.773 or any appeal therefrom. [Formerly 134.550; 2019 c.213 §19]

0.0K chars

ORS 135.773 District attorney to furnish certain documents. The district attorney shall, in all proceedings against adults in custody under ORS 135.760 to 135.773, obtain for and furnish to the court a certified copy of the judgment, sentence or commitment order pursuant to which the adult in custody is imprisoned. [Formerly 134.560; 2019 c.213 §20]

0.0K chars

ORS 135.775 Agreement on Detainers. The Agreement on Detainers is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows

15.7K chars

ORS 135.777 Definition for ORS 135.775. As used in the Agreement on Detainers, the term “appropriate court” means any court of this state that has criminal jurisdiction. [Formerly 134.615]

0.0K chars

ORS 135.779 Enforcement of ORS 135.775 by public agencies. All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purposes. [Formerly 134.625]

0.0K chars

ORS 135.783 Effect of escape from custody in another state. Escape from custody while in another state pursuant to the Agreement on Detainers is an offense against the laws of this state to the same extent and degree as an escape from the institution in which the prisoner was confined immediately prior to having been sent to another state pursuant to the provision of the Agreement on Detainers and shall be punishable in the same manner as an escape from such institution. [Formerly 134.635]

0.0K chars

ORS 135.785 Surrender of custody under ORS 135.775. The official in charge of a Department of Corrections institution in this state shall give over the person of any adult in custody thereof whenever so required by the operation of the Agreement on Detainers. [Formerly 134.645; 1987 c.320 §21; 2019 c.213 §21]

0.0K chars

ORS 135.787 Administrator of agreement; appointment; duties. The Governor may appoint an administrator who shall perform the duties and functions and exercise the powers conferred upon such person by Article VII of the Agreement on Detainers. [Formerly 134.655]

0.0K chars

ORS 135.789 Notice of request for temporary custody; prisoner’s rights. In order to implement paragraph (a) of Article IV of the Agreement on Detainers, and in furtherance of its purposes, the appropriate authorities having custody of the prisoner shall, promptly upon receipt of the officer’s written request, notify the prisoner and the Governor in writing that a request for temporary custody has been made and such notification shall describe the source and contents of such request. The authorities having custody of the prisoner shall also advise the prisoner in writing of the rights of the prisoner to counsel, to make representations to the Governor within 30 days, and to contest the legality of the delivery of the prisoner. [Formerly 134.665]

0.0K chars

ORS 135.791 Request for final disposition of detainer from prisoner in another state. When the district attorney of any county shall have received written notice from a prisoner in another state of the prisoner’s request for final disposition to be made of any untried accusatory instrument which is the basis of a detainer against the prisoner, the district attorney promptly shall give written notice to the Governor that such request has been received. The notice to the Governor shall describe the charge pending against the prisoner and shall recite the crime of which the prisoner was convicted in the other state, the sentence imposed and the date the sentence commenced, or so much of such information as may be known to the district attorney. The notice to the Governor shall be accompanied by a summary of the evidence against the prisoner on the untried charge. Within 10 days after receiving the notice and summary of evidence, the Governor shall send written direction to the district attorney either to proceed with prosecution of the prisoner when the prisoner is made available, or to move the court for dismissal of the untried indictment, information or complaint and to remove the detainer against the prisoner. The written direction may be signed by the Governor or by a person authorized by the Governor to perform extradition functions. The decision of the Governor shall be final, and the district attorney shall act as so directed. [1973 c.632 §2]

0.0K chars

ORS 135.793 Procedure where untried instrument pending against prisoner in another state. Any officer of a jurisdiction in this state in which an untried accusatory instrument is pending against a prisoner in another state, and who desires to have the prisoner returned for trial, shall give written notice and a summary of the evidence against the prisoner to the Governor in the manner provided in ORS 135.791. The Governor shall, within 10 days after receiving the notice and summary, send written direction to such officer either approving or disapproving the return of the prisoner. The direction by the Governor shall be final, and may be signed as provided in ORS 135.791. The officer desiring return of a prisoner shall not seek the court approval provided for in paragraph (a) of Article IV of the Agreement on Detainers prior to receiving approval by the Governor. [1973 c.632 §3]

0.0K chars

ORS 135.805 Applicability; scope of disclosure. (1) The provisions of ORS 135.805 to 135.873 are applicable to all criminal prosecutions in which the charging instrument has been brought in a court of record

0.9K chars

ORS 135.810 [Repealed by 1973 c.836 §358]

0.0K chars

ORS 135.815 Disclosure to defendant. (1) Except as otherwise provided in ORS 135.855 and 135.873, the district attorney shall disclose to a represented defendant the following material and information within the possession or control of the district attorney

6.0K chars

ORS 135.820 [Repealed by 1973 c.836 §358]

0.0K chars

ORS 135.825 Other disclosure to defense; special conditions. Except as otherwise provided in ORS 135.855 and 135.873, the district attorney shall disclose to the defense

0.3K chars

ORS 135.830 [Amended by 1973 c.836 §161; renumbered 135.355]

0.0K chars

ORS 135.835 Disclosure to the state. Except as otherwise provided in ORS 135.855 and 135.873, the defense shall disclose to the district attorney the following material and information within the possession or control of the defense

0.7K chars

ORS 135.840 [Amended by 1973 c.836 §162; renumbered 135.360]

0.0K chars

ORS 135.845 Time of disclosure. (1) The obligations to disclose shall be performed as soon as practicable following the filing of an indictment or information in the circuit court or the filing of a complaint or information charging a misdemeanor or violation of a city ordinance. The court may supervise the exercise of discovery to the extent necessary to insure that it proceeds properly and expeditiously

0.3K chars

ORS 135.850 [Amended by 1973 c.836 §163; renumbered 135.365]

0.0K chars

ORS 135.855 Material and information not subject to discovery. (1) The following material and information shall not be subject to discovery under ORS 135.805 to 135.873

1.3K chars

ORS 135.857 Disclosure to victim; conditions. (1) In any criminal prosecution arising from an automobile collision in which the defendant is alleged to have been under the influence of alcohol or drugs, the district attorney prosecuting the action shall make available, upon request, to the victim or victims and to their attorney, or to the survivors of the victim or victims and to their attorney, all reports and information disclosed to the defendant pursuant to ORS 135.805 to 135.873. The reports and information shall be made available at the same time as it is disclosed to the defendant or as soon thereafter as may be practicable after a request is received. The district attorney may impose such conditions as may be reasonable and necessary to prevent the release of the reports and information from interfering with the trial of the defendant. The district attorney may apply to the court for an order requiring any person receiving such reports and information to comply with the conditions of release

0.2K chars

ORS 135.860 [Amended by 1973 c.836 §164; renumbered 135.370]

0.0K chars

ORS 135.865 Effect of failure to comply with discovery requirements. Upon being apprised of any breach of the duty imposed by the provisions of ORS 135.805 to 135.873 and 135.970, the court may order the violating party to permit inspection of the material, or grant a continuance, or refuse to permit the witness to testify, or refuse to receive in evidence the material not disclosed, or enter such other order as it considers appropriate. [1973 c.836 §219; 1999 c.304 §6]

0.0K chars

ORS 135.870 [Amended by 1971 c.743 §321; repealed by 1973 c.836 §358]

0.0K chars

ORS 135.873 Protective orders. (1) As used in this section

3.4K chars

ORS 135.875 [1969 c.293 §1; renumbered 135.455]

0.0K chars

ORS 135.880 [Amended by 1973 c.836 §176; renumbered 135.465]

0.0K chars

ORS 135.881 Definitions for ORS 135.881 to 135.901. As used in ORS 135.881 to 135.901

0.9K chars

ORS 135.886 Requirements for diversion; factors considered. (1) After an accusatory instrument has been filed charging a defendant with commission of a crime other than driving while under the influence of intoxicants as defined in ORS 813.010, and after the district attorney has considered the factors listed in subsection (2) of this section, if it appears to the district attorney that diversion of the defendant would be in the interests of justice and of benefit to the defendant and the community, the district attorney may propose a diversion agreement to the defendant the terms of which are established by the district attorney in conformance with ORS 135.891. A diversion agreement under this section is not available to a defendant charged with the crime of driving while under the influence of intoxicants as defined in ORS 813.010

2.4K chars

ORS 135.890 [Repealed by 1973 c.836 §358]

0.0K chars

ORS 135.891 Conditions of diversion agreement; dismissal of criminal charges; scope of agreement; program fee. (1) 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 to 136.100, payment of costs as defined in ORS 135.705, 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

0.7K chars

ORS 135.893 Diversion conditions related to medical use of cannabis. (1) As used in this section, “cannabinoid concentrate,” “cannabinoid extract,” “medical cannabinoid product,” “registry identification card” and “usable marijuana” have the meanings given those terms in ORS 475C.777

0.4K chars

ORS 135.896 Stay of criminal proceedings during period of agreement; limitation on stay; extension of stay. (1) If the district attorney elects to offer diversion in lieu of further criminal proceedings and the defendant, with the advice of counsel, agrees to the terms of the proposed agreement, including a waiver of the right to a speedy trial, the court shall stay further criminal proceedings for a definite period. Except as provided in ORS 135.898 and subsection (2) of this section, the stay shall not exceed 270 days in the case of a defendant charged with commission of a felony, and shall not exceed 180 days in the case of a defendant charged with the commission of a misdemeanor. If the defendant declines diversion, the court shall resume criminal proceedings

0.6K chars

ORS 135.898 Diversion agreement involving servicemember charged with domestic violence. When a diversion agreement authorized under ORS 135.886 (3) involves domestic violence as defined in ORS 135.230, in addition to a waiver of the right to a speedy trial, the agreement must require the servicemember to enter a plea of guilty or no contest to each domestic violence offense charged in the accusatory instrument. If the servicemember, with the advice of counsel, agrees to the terms of the agreement and enters a plea of guilty or no contest to each domestic violence offense charged in the accusatory instrument, the court shall stay further criminal proceedings involving the domestic violence offenses for a definite period not to exceed two years. [2010 c.25 §5]

0.0K chars

ORS 135.900 [Repealed by 1973 c.836 §358]

0.0K chars

ORS 135.901 Effect of compliance or noncompliance with agreement; effect of partial compliance in subsequent criminal proceedings; record of participation in program. (1) If the district attorney finds at the termination of the diversion period or any time prior thereto that the divertee has failed to fulfill the terms of the diversion agreement, the district attorney shall terminate diversion and the court shall resume criminal proceedings. However, if the former divertee is adjudicated guilty as a result thereof, the court may take into consideration at the time of the sentencing any partially successful fulfillment by such person of the terms of agreement

0.5K chars

ORS 135.905 [1987 c.905 §10; 1999 c.59 §27; repealed by 2012 c.81 §7]

0.0K chars

ORS 135.907 [1989 c.1075 §5; repealed by 2017 c.21 §126]

0.0K chars

ORS 135.909 [1989 c.1075 §6; 1993 c.13 §2; repealed by 2017 c.21 §126]

0.0K chars

ORS 135.911 [1989 c.1075 §7; repealed by 2017 c.21 §126]

0.0K chars

ORS 135.913 [1989 c.1075 §8; repealed by 2017 c.21 §126]

0.0K chars

ORS 135.915 [1989 c.1075 §9; repealed by 2017 c.21 §126]

0.0K chars

ORS 135.917 [1989 c.1075 §11; 2009 c.595 §93; repealed by 2017 c.21 §126]

0.0K chars

ORS 135.919 [1989 c.1075 §10; 2015 c.258 §2; repealed by 2017 c.21 §126]

0.0K chars

ORS 135.921 [1989 c.1075 §12; 1991 c.460 §19; 1991 c.818 §4; 1993 c.13 §3; 2003 c.737 §§62,63; 2005 c.702 §§73,74,75; 2007 c.71 §34; 2011 c.595 §165; repealed by 2017 c.21 §126]

0.0K chars

ORS 135.925 Bad check diversion program; fees. (1) As used in this section, “bad check diversion program” means a program established under subsection (2) of this section

3.7K chars

ORS 135.930 [1983 c.487 §1; 1987 c.320 §22; repealed by 1987 c.908 §4]

0.0K chars

ORS 135.935 [1983 c.487 §2; 1987 c.320 §23; repealed by 1987 c.908 §4]

0.0K chars