or 135.953. The programs must meet the standards for dispute resolution

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]

����� Note: See note under 135.951.

MISCELLANEOUS

����� 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.

����� (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 the defendant�s attorney, or other agents of the defendant, or provide other discovery unless the victim wishes, and that the victim may have a district attorney, assistant attorney general or other attorney or advocate present during any interview or other contact.

����� (3) A victim may not be required to be interviewed or deposed by or give discovery to the defendant, the defendant�s attorney or any agent of the defense unless the victim consents. This subsection does not prohibit the defendant from:

����� (a) Subpoenaing or examining the victim at trial or in a pretrial proceeding when the purpose is other than for discovery; or

����� (b) Subpoenaing books, papers or documents as provided in ORS 136.580.

����� (4)(a) Any pretrial release order must prohibit any contact with the victim, either directly or indirectly, unless specifically authorized by the court having jurisdiction over the criminal charge. This subsection shall not limit contact by the defense attorney, or an agent of the defense attorney, other than the defendant, in the manner set forth in subsection (2) of this section.

����� (b) If a victim notifies the district attorney that the defendant, either directly or indirectly, threatened or intimidated the victim, the district attorney shall notify the court with jurisdiction over the criminal matter and the defense attorney. If the defendant is not in custody and the court finds there is probable cause to believe the victim has been threatened or intimidated by the defendant, either directly or indirectly, the court shall immediately issue an order to show cause why defendant�s release status should not be revoked. After conducting such hearing as it deems appropriate, if the court finds that the victim has been threatened or intimidated by the defendant, either directly or indirectly, the defendant�s release status shall be revoked and the defendant shall be held in custody with a security amount set in an amount sufficient to ensure the safety of the victim and the community.

����� (5) As used in this section, �victim� means the person or persons who have suffered financial, social, psychological or physical harm as a result of a crime against the person or a third person and includes, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the criminal defendant be considered a victim. [1987 c.2 �3; 1997 c.313 �7; 1999 c.1051 �251; 2013 c.144 �1]

����� 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.

����� (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 c.151 �6]

����� Note: 135.973 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.

����� 135.975 [1987 c.475 �2; repealed by 1989 c.790 �74]

����� 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:

����� (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 applies in selecting or soliciting cases;

����� (d) The claims of the program regarding its effectiveness in reducing recidivism, achieving restitution or otherwise serving correctional objectives;

����� (e) An assessment by the relevant corrections agency of the actual effectiveness of the program; and

����� (f) The capacity of the program for new cases.

����� (2) The Director of the Department of Corrections shall make the directory available to the Oregon Criminal Justice Commission and to judges in a form that will allow sentencing judges to determine what rehabilitative programs are appropriate and available to the offender during any period of probation, imprisonment or local incarceration and post-prison supervision. The Director of the Department of Corrections shall also make the directory available to its employees who prepare presentence reports and proposed release plans for submission to the State Board of Parole and Post-Prison Supervision.

����� (3) The directory shall be updated as frequently as is practical, but no less often than every six months. [1989 c.790 �7a; 2011 c.673 �4]

����� Note: 135.980 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.

����� 135.983 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.

����� (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 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.

����� 135.985 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.

����� (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 information about these options by consulting with the defendant�s attorney.

����� (3) In a criminal proceeding the defendant�s attorney may, with the permission of the defendant, notify the court that the defendant is a servicemember.

����� (4) The fact that a defendant is a servicemember may not be used as an aggravating factor in determining the defendant�s sentence. [2019 c.86 �1; 2025 c.151 �7]

����� Note: 135.985 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.

PENALTIES

����� 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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