or strangulation under ORS 163.187; or

163.185 or strangulation under ORS 163.187; or

����� (b) Offenses that involve sex crimes, as defined in ORS 163A.005. [1995 c.323 �1; 2003 c.577 �6]

����� Note: 135.951 to 135.959 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.

����� 135.953 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.

����� (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 ORS 135.703; or

����� (c) Include participation in mediation as a condition of probation under ORS 137.540.

����� (3) A district attorney or city attorney:

����� (a) May suspend prosecution of a case referred to mediation and dismiss the charges in the referred case if the defendant successfully completes the terms of the agreement resulting from the mediation; or

����� (b) May include, with a defendant, mediation between the defendant and the victim as part of a plea agreement entered into under ORS 135.405.

����� (4) A county juvenile department may include mediation between a child and a victim as one of the terms of a formal accountability agreement under ORS 419C.230 or an authorized diversion program under ORS 419C.225.

����� (5) The Department of Corrections may use mediation for the purposes of rehabilitation and treatment.

����� (6) Mediation may be used in any other appropriate manner in resolving disputes involving criminal matters. [1995 c.323 �2; 2007 c.609 �4]

����� Note: See note under 135.951.

����� 135.955 Notifying victims and person charged with crime of mediation opportunities. (1) Law enforcement agencies, district attorneys and city attorneys may inform:

����� (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 opportunities that may be available to the person in the person�s community, within or as an alternative to the criminal justice system; and

����� (B) How to request mediation.

����� (2) No party to a dispute may be compelled to participate in mediation. [1995 c.323 �3]

����� Note: See note under 135.951.

����� 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:

����� (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 �4; 1997 c.670 �13]

����� Note: See note under 135.951.

����� 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