Chapter 135 — Chapter 135
221 sections in this chapter.
ORS 135.940 [1983 c.487 §3; 1987 c.320 §24; repealed by 1987 c.908 §4]
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EARLY DISPOSITION PROGRAMS
ORS 135.941 Early disposition programs. To effectuate the purposes set out in ORS 135.942, each local public safety coordinating council established under ORS 423.560
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(1) Shall establish early disposition programs for first-time offenders who have committed a nonperson offense and for persons charged with probation violations. As used in this subsection, “nonperson offense” means an offense other than: (a) A Class A or B felony; and (b) A pers…
ORS 135.942 Purposes of program. The purposes of an early disposition program are to
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(1) Hold offenders accountable for their actions; (2) Ensure a prompt resolution of criminal matters; (3) Protect the rights of the public and the offender; (4) Maximize use of community resources to provide alternative sanctions for criminal behavior; and (5) Reduce the costs to…
ORS 135.943 Provisions of program. An early disposition program established under ORS 135.941 must provide, but need not be limited to, the following
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(1) Written criteria for eligibility to participate in the program. (2) Victim notification and appearance. (3) A process to ensure legal representation and provision of discovery for offenders who are eligible for the early disposition program. (4) Specific evaluation criteria a…
ORS 135.945 [1983 c.487 §4; 1987 c.320 §25; repealed by 1987 c.908 §4]
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[Repealed or reserved.]
ORS 135.946 [2001 c.635 §9; repealed by 2005 c.308 §1]
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[Repealed or reserved.]
ORS 135.948 Availability to probationers. (1)(a) A district attorney may provide an offer and agreed disposition recommendation under an early disposition program established under ORS 135.941 to a probationer at the time of the first appearance of the probationer in court for a probation violation
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(b) Unless extended by the court, an offer and agreed disposition recommendation made under paragraph (a) of this subsection expire upon completion of the appearance. Except for good cause, a court may not extend an offer and agreed disposition recommendation under this paragraph…
ORS 135.949 Other programs authorized. Nothing in ORS 135.941, 135.942, 135.943 and 135.948 or in the amendments to ORS 135.380, 135.385, 135.390 and 135.405 by sections 10 to 13, chapter 635, Oregon Laws 2001, prevents the implementation or continuation of an early disposition program other than one established under ORS 135.941. [2001 c.635 §15]
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Note: See note under 135.941.
ORS 135.950 [1983 c.487 §5; repealed by 1987 c.908 §4]
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MEDIATING CRIMINAL OFFENSES
ORS 135.951 Authorization; determining when appropriate; exclusions. (1) Law enforcement agencies, city attorneys and district attorneys may consider the availability and likely effectiveness of mediation in determining whether to process and prosecute criminal charges. If it appears that mediation is in the interests of justice and of benefit to the offender, victim and community, the law enforcement agency, city attorney or district attorney may propose mediation through a qualified mediation program
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(2) In determining whether mediation is in the interests of justice and of benefit to the offender, victim and community, the law enforcement agency, city attorney or district attorney shall consider, at a minimum, the following factors: (a) The nature of the offense; (b) Any spe…
ORS 135.953 How mediation may be used. (1) A defendant may participate in mediation as part of a diversion agreement under ORS 135.881 to 135.901
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(2) A court, including, but not limited to, a justice court, may: (a) Authorize, in a pretrial release order, contact between a defendant and a victim as part of mediation between the defendant and the victim; (b) Consider mediation as the basis of a compromise of crimes under OR…
ORS 135.955 Notifying victims and person charged with crime of mediation opportunities. (1) Law enforcement agencies, district attorneys and city attorneys may inform
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(a) The victim of a crime of: (A) Any mediation opportunities that may be available to the victim in the victim’s community, within or as an alternative to the criminal justice system; and (B) How to request mediation; and (b) A person charged with a crime of: (A) Any mediation o…
ORS 135.957 Application of ORS 36.220 to 36.238 to mediation of criminal offenses; information to parties. The provisions of ORS 36.220 to 36.238 do not apply to a mediation conducted under ORS 135.951 or 135.953 unless the parties to the mediation enter into a written agreement for confidentiality of the mediation. If the parties enter into a written agreement for confidentiality of the mediation, a court may not receive in evidence in any proceeding any mediation communications or mediation agreement to the extent provided by ORS 36.220 to 36.238. The parties participating in mediation must be informed
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(1) Of the right to enter into a written agreement concerning confidentiality of the mediation proceedings; and (2) That mediation communications or agreements may not be used as an admission of guilt or as evidence against the offender in any adjudicatory proceeding. [1995 c.323…
ORS 135.959 Authority to contract with dispute resolution programs. A law enforcement agency, city attorney, district attorney, county juvenile department or court may contract with dispute resolution programs to provide mediation services under ORS 135.951 or 135.953. The programs must meet the standards for dispute resolution programs established by the Dean of the University of Oregon School of Law under ORS 36.175. [1995 c.323 §5; 2003 c.791 §§26,26a; 2005 c.817 §5]
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Note: See note under 135.951. MISCELLANEOUS
ORS 135.970 Information required when victim contacted by defense; deposition of victim; when contact with victim prohibited; effect of threats by defendant. (1) If the victim or a witness requests, the court shall order that the victim’s or witness’s address and phone number not be given to the defendant unless good cause is shown to the court
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(2) If contacted by the defense or any agent of the defense, the victim must be clearly informed by the defense or other contacting agent, either in person or in writing, of the identity and capacity of the person contacting the victim, that the victim does not have to talk to th…
ORS 135.973 Medication use by treatment court entrant. (1) As used in this section, “treatment court” has the meaning given that term in ORS 137.680
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(2) An individual may not be denied entry into a treatment court in this state solely for the reason that the individual is taking, or intends to take, medication prescribed by a licensed health care practitioner for the treatment of drug abuse or dependency. [2017 c.683 §6; 2025…
ORS 135.975 [1987 c.475 §2; repealed by 1989 c.790 §74]
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[Repealed or reserved.]
ORS 135.980 Rehabilitative programs directory; compilation; availability. (1) The Director of the Department of Corrections shall maintain a directory of public and private rehabilitative programs known and available to corrections agencies of the state and of each county. For purposes of this subsection, “rehabilitative program” means a planned activity, in a custodial or noncustodial context, designed and implemented to treat drug or alcohol abuse, to prevent criminal sexual behavior, to modify a propensity to commit crimes against persons or property or to achieve restitution for losses caused by an offender and includes programs that employ the device of mediation between the victim and offender. Rehabilitative programs included in the directory that are designed and implemented to treat drug or alcohol abuse must meet minimum standards adopted by the Oregon Health Authority under ORS 430.357. The director shall include
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(a) The name, address and telephone number of the program and the identity of its director or other principal contact; (b) The geographical jurisdiction of the program; (c) The types of offenders that the program claims to be able to serve and the criteria that the program applie…
ORS 135.983 Court inquiry into defendant’s immigration status prohibited. (1) The court may not inquire into a defendant’s immigration status, and may not require a defendant to disclose the defendant’s immigration status, at any time during a criminal proceeding
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(2) Subsection (1) of this section does not prohibit a defendant from knowingly and voluntarily disclosing to the court the defendant’s immigration status at any time during the criminal proceeding. [2019 c.437 §2] Note: 135.983 was enacted into law by the Legislative Assembly bu…
ORS 135.985 Procedure when defendant is servicemember. (1) As used in this section, “servicemember” means a person who is a member, or who served as a member, of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard
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(2) At the time of arraignment on a criminal charge, the court shall inform the defendant that the defendant’s status as a servicemember may make the defendant eligible for treatment programs, diversion, treatment courts or mitigated sentencing, and that the defendant may obtain …
ORS 135.990 Penalties. Violation of ORS 135.155 is punishable as a contempt by the court having jurisdiction of the crime charged against the defendant. [Formerly 133.990]
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