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 a

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]

����� 135.900 [Repealed by 1973 c.836 �358]

����� 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.

����� (2) If the district attorney informs the court at the termination of the diversion period that the defendant has fulfilled the terms of the diversion agreement, the court shall dismiss with prejudice the criminal charges filed against the defendant.

����� (3) A record of the fact that an individual has participated in diversion shall be forwarded to and kept by the Department of Justice, and shall be made available upon request to any district attorney who subsequently considers diversion of such person. [1977 c.373 �5; 1981 c.64 �2]

����� 135.905 [1987 c.905 �10; 1999 c.59 �27; repealed by 2012 c.81 �7]

����� 135.907 [1989 c.1075 �5; repealed by 2017 c.21 �126]

����� 135.909 [1989 c.1075 �6; 1993 c.13 �2; repealed by 2017 c.21 �126]

����� 135.911 [1989 c.1075 �7; repealed by 2017 c.21 �126]

����� 135.913 [1989 c.1075 �8; repealed by 2017 c.21 �126]

����� 135.915 [1989 c.1075 �9; repealed by 2017 c.21 �126]

����� 135.917 [1989 c.1075 �11; 2009 c.595 �93; repealed by 2017 c.21 �126]

����� 135.919 [1989 c.1075 �10; 2015 c.258 �2; repealed by 2017 c.21 �126]

����� 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]

(Bad Check)

����� 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.

����� (2) A district attorney may establish a bad check diversion program within the office of the district attorney.

����� (3) If a district attorney has established a bad check diversion program, upon receipt of a case alleging a violation of ORS 165.065, the district attorney shall determine if the case is appropriate to be referred to the bad check diversion program. In determining whether to refer the case to the bad check diversion program, the district attorney shall consider, in addition to any other factors the district attorney deems appropriate, the following:

����� (a) The amount of the bad check;

����� (b) Whether the person alleged to have negotiated the bad check has a prior criminal record or has previously participated in a bad check diversion program;

����� (c) The number of violations of ORS 165.065 the person is alleged to have committed in the current or prior allegations;

����� (d) Whether current charges of violating ORS 165.065 are pending against the person; and

����� (e) The strength of the evidence of intent to defraud the victim.

����� (4) When a case is referred to the bad check diversion program, the district attorney shall send a notice to the person who is alleged to have violated ORS 165.065. The notice must contain:

����� (a) The date and amount of the bad check;

����� (b) The name of the payee;

����� (c) The date before which the person is required to contact the district attorney, or a person designated by the district attorney, concerning the bad check; and

����� (d) The penalty for a violation of ORS 165.065.

����� (5) The district attorney may enter into a written agreement with the person alleged to have violated ORS 165.065 to forgo prosecution of the violation if the person agrees to do the following within a six-month period:

����� (a) Complete a class conducted by the district attorney, or by a private entity under contract to the district attorney, relating to writing checks;

����� (b) Make full restitution to the payee; and

����� (c) Pay any collection fee imposed by the district attorney under subsection (6) of this section.

����� (6) A district attorney may collect a fee if the district attorney collects and processes a bad check. The amount of the fee may not exceed $35 for each bad check in addition to the actual amount of any bank charge incurred by the victim as a result of the bad check.

����� (7) The district attorney may not require a person alleged to have violated ORS 165.065 to make an admission of guilt as a prerequisite to participating in a bad check diversion program.

����� (8) The following are not admissible in any civil or criminal action against a person arising from negotiating a bad check:

����� (a) A statement, or any information derived from the statement, made by the person in connection with the determination of the person�s eligibility to participate in a bad check diversion program.

����� (b) A statement, or any information derived from the statement, made by the person after the person is determined to be eligible to participate in a bad check diversion program.

����� (c) A statement, or any information derived from the statement, made by the person while participating in a bad check diversion program.

����� (d) Information about the person�s participation in a bad check diversion program.

����� (9) A district attorney may not authorize a private entity to use the seal, letterhead or name of the district attorney or district attorney�s office to collect debt, including restitution, pursuant to a bad check diversion program. [2001 c.433 �1; 2013 c.551 �2]

����� Note: 135.925 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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

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

����� 135.940 [1983 c.487 �3; 1987 c.320 �24; repealed by 1987 c.908 �4]

EARLY DISPOSITION PROGRAMS

����� 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:

����� (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 person felony or person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission.

����� (2) May establish early disposition programs for other offenders. [2001 c.635 �6]

����� Note: 135.941 to 135.949 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 135.942 Purposes of program. The purposes of an early disposition program are to:

����� (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 the criminal justice system that are incurred when traditional sanctions are the only option available to district attorneys and courts. [2001 c.635 �7]

����� Note: See note under 135.941.

����� 135.943 Provisions of program. An early disposition program established under ORS 135.941 must provide, but need not be limited to, the following:

����� (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 and an evaluation schedule. The evaluation criteria must address, but need not be limited to, the following:

����� (a) Cost avoidance;

����� (b) Cost savings; and

����� (c) Outcomes. [2001 c.635 �8]

����� Note: See note under 135.941.

����� 135.945 [1983 c.487 �4; 1987 c.320 �25; repealed by 1987 c.908 �4]

����� 135.946 [2001 c.635 �9; repealed by 2005 c.308 �1]

����� 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.

����� (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 for more than seven days for a misdemeanor or 21 days for a felony.

����� (2) If the court determines that the agreed disposition recommendation is inappropriate in a particular case, the court shall so advise the parties and allow the probationer an opportunity to withdraw the admission. [2001 c.635 �14]

����� Note: See note under 135.941.

����� 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]

����� Note: See note under 135.941.

����� 135.950 [1983 c.487 �5; repealed by 1987 c.908 �4]

MEDIATING CRIMINAL OFFENSES

����� 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.

����� (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 special characteristics of the offender or the victim;

����� (c) Whether the offender has previously participated in mediation;

����� (d) Whether it is probable that the offender will cooperate with and benefit from mediation;

����� (e) The recommendations of the victim;

����� (f) Whether a qualified mediation program is available or may be made available;

����� (g) The impact of mediation on the community;

����� (h) The recommendations of the involved law enforcement agency; and

����� (i) Any mitigating circumstances.

����� (3) Mediation may not be used for:

����� (a) Disputes between family or household members, as defined in ORS 107.705, that involve conduct that would constitute assault under ORS 163.160, 163.165, 163.175 or