163.467, and if the court contemplates sentencing the person to probation, the court, before entering judgment, may order that the person undergo an examination by a psychiatrist or other physician fo

163.467, and if the court contemplates sentencing the person to probation, the court, before entering judgment, may order that the person undergo an examination by a psychiatrist or other physician found qualified and appointed by the court to determine whether available medical treatment would be likely to reduce such biological, emotional or psychological impulses, including any paraphilia, which may be the cause of the criminal conduct and, if so, whether the person is a suitable candidate medically for such treatment. Such medical treatments may include the taking of prescribed medication.

����� (2) If the examining psychiatrist or other physician reports that available medical treatment would be likely to reduce the biological, emotional or psychological impulses that were a probable cause of the criminal conduct, and that the person is a suitable candidate medically for such treatment, the court may include as a condition of probation that the person participate in a prescribed program of medicine and accept medical treatment at the person�s own expense under the care of the psychiatrist or other physician appointed by the court and that the person faithfully participate in the prescribed program of medical treatment during the course of the probation.

����� (3) A sentence of probation under this section shall not be imposed except upon the written consent of the convicted person. Probation under this section may be revoked upon any failure of the convicted person to cooperate in the treatment program, including, but not limited to, any failure to meet with the treating physician as directed by the physician or to take medication or otherwise to participate in the prescribed program of medical treatment during the course of the probation. [1987 c.908 �3; 1993 c.14 �9]

����� 137.530 Investigation and report of parole and probation officers; statement of victim. (1) Parole and probation officers, when directed by the court, shall fully investigate and report to the court in writing on the circumstances of the offense, criminal record, social history and present condition and environment of any defendant. Unless the court directs otherwise in individual cases, a defendant may not be sentenced to probation until the report of the investigation has been presented to and considered by the court.

����� (2) Whenever a presentence report is made, the preparer of the report shall make a reasonable effort to contact the victim and obtain a statement describing the effect of the defendant�s offense upon the victim. If the victim is under 18 years of age, the preparer shall obtain the consent of the victim�s parent or guardian before contacting the victim. The preparer of the report shall include the statement of the victim in the presentence investigation report. If the preparer is unable to contact the victim or if the victim declines to make a statement, the preparer shall report that the preparer was unable to contact the victim after making reasonable efforts to do so, or, if contact was made with the victim, that the victim declined to make a statement for purposes of this section. Before taking a statement from the victim, the preparer of the report shall inform the victim that the statement will be made available to the defendant and the defendant�s attorney prior to sentencing as required under ORS 137.079.

����� (3) Whenever desirable, and facilities exist for conducting physical and mental examinations, the investigation shall include physical and mental examinations of such defendants.

����� (4) As used in this section, �victim� means the person or persons who have suffered financial, social, psychological or physical harm as a result of an offense, and includes, in the case of any homicide or abuse of corpse in any degree, an appropriate member of the immediate family of the decedent. [Amended by 1983 c.723 �1; 1993 c.14 �10; 1993 c.294 �4; 2005 c.264 �2]

����� 137.532 Probation without entering plea; waiver of rights; effect of violating probation agreement. (1)(a) Whenever a person is charged with a misdemeanor or a Class C felony, other than driving while under the influence of intoxicants, and has been formally accepted into a treatment court, the court, with the consent of the district attorney and the person, may defer further proceedings and place the person on probation. The terms of the probation shall be defined by a probation agreement.

����� (b) A probation agreement carries the understanding that if the defendant fulfills the terms of the agreement, the criminal charges filed against the defendant will be dismissed with prejudice.

����� (c) The agreement must contain a waiver of the following rights of the defendant with respect to each criminal charge:

����� (A) The right to a speedy trial and trial by jury;

����� (B) The right to present evidence on the defendant�s behalf;

����� (C) The right to confront and cross-examine witnesses against the defendant;

����� (D) The right to contest evidence presented against the defendant, including the right to object to hearsay evidence; and

����� (E) The right to appeal from a judgment of conviction resulting from an adjudication of guilt entered under subsection (2) of this section, unless the appeal is based on an allegation that the sentence exceeds the maximum allowed by law or constitutes cruel and unusual punishment.

����� (d) The agreement must include a requirement that the defendant pay any restitution owed to the victim as determined by the court, and any fees for court-appointed counsel ordered by the court under ORS 135.050.

����� (e) The agreement may not contain a requirement that the defendant enter a plea of guilty or no contest on any charge in the accusatory instrument.

����� (f) Entering into a probation agreement does not constitute an admission of guilt and is not sufficient to warrant a finding or adjudication of guilt by a court.

����� (g) Police reports or other documents associated with the criminal charges in a court file other than the probation agreement may not be admitted into evidence, and do not establish a factual basis for finding the defendant guilty, unless the court resumes criminal proceedings and enters an adjudication of guilt under subsection (2) of this section.

����� (2) Upon violation of a term or condition of the probation agreement, the court may resume the criminal proceedings in accordance with the waiver of rights in the probation agreement. The defendant may not contest the sufficiency of the evidence establishing the defendant�s guilt of the offenses in the accusatory instrument.

����� (3) Upon fulfillment of the terms and conditions of the probation agreement, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. There may be only one discharge and dismissal under this section with respect to any person.

����� (4) In the event that the period of probation under this section expires, but the terms and conditions of the probation agreement have not been fulfilled and no probation violation proceeding was initiated prior to the expiration of the period of probation, the court may not discharge the person and dismiss the proceedings against the person. The court shall instead issue an order requiring the person to appear and to show cause why the court should not enter an adjudication of guilt as described in subsection (2) of this section due to the failure of the person to fulfill the terms and conditions of the probation agreement prior to expiration of the period of probation. At the hearing on the order to show cause, after considering any evidence or argument from the district attorney and the person, the court may:

����� (a) If the court finds that the person has fulfilled the terms and conditions of the probation agreement, discharge the person and dismiss the proceedings against the person as described in subsection (3) of this section;

����� (b) Order a new period of probation to allow the person to fulfill the terms and conditions of the probation agreement; or

����� (c) Resume the criminal proceedings in accordance with the waiver of rights in the probation agreement. If the court proceeds under this paragraph, the person may not contest the sufficiency of the evidence establishing the person�s guilt of the offenses in the accusatory instrument.

����� (5) Nothing in this section is intended to restrict a person�s participation in a treatment court or conditional discharge under ORS 475.245.

����� (6) As used in this section, �treatment court� has the meaning given that term in ORS 137.680. [2021 c.330 �1; 2025 c.151 �9; 2025 c.532 �28]

����� Note: 137.532 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 137.533 Probation without entering judgment of guilt; when appropriate; effect of violating condition of probation. (1) Whenever a person pleads guilty to or is found guilty of a misdemeanor other than driving while under the influence of intoxicants or other than a misdemeanor involving domestic violence as defined in ORS 135.230, the court may defer further proceedings and place the person on probation, upon motion of the district attorney and without entering a judgment of guilt, if the person:

����� (a) Consents to the disposition;

����� (b) Has not previously been convicted of any offense in any jurisdiction;

����� (c) Has not been placed on probation under ORS 137.532 or 475.245;

����� (d) Has not completed a diversion under ORS 135.881 to 135.901; and

����� (e) Agrees to pay a fee equal to $100. The person must pay the amount within 90 days of imposition unless the court allows payment at a later time.

����� (2) A district attorney may submit a motion under subsection (1) of this section if, after considering the factors listed in subsection (3) of this section, the district attorney finds that disposition under this section would be in the interests of justice and of benefit to the person and the community.

����� (3) In determining whether disposition under this section is in the interests of justice and of benefit to the person and the community, the district attorney shall consider at least the following factors:

����� (a) The nature of the offense. However, the offense must not have involved injury to another person.

����� (b) Any special characteristics or difficulties of the person.

����� (c) Whether there is a probability that the person will cooperate with and benefit from alternative treatment.

����� (d) Whether an available program is appropriate to the needs of the person.

����� (e) The impact of the disposition upon the community.

����� (f) Recommendations, if any, of the involved law enforcement agency.

����� (g) Recommendations, if any, of the victim.

����� (h) Provisions for restitution.

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

����� (4) Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon the person�s fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. A discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. A person may be discharged and have proceedings dismissed only once under this section.

����� (5) Subsections (1) to (4) of this section do not affect any domestic violence sentencing programs. [1999 c.819 ��1,2; 2011 c.597 �124; 2021 c.330 �2]

����� Note: 137.533 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 137.540 Conditions of probation; evaluation and treatment; effect of failure to abide by conditions; modification. (1) The court may sentence the defendant to probation subject to the following general conditions unless specifically deleted by the court. The probationer shall:

����� (a) Pay fines, restitution or fees ordered by the court.

����� (b) Submit to testing for controlled substance, cannabis or alcohol use if the probationer has a history of substance abuse or if there is a reasonable suspicion that the probationer has illegally used controlled substances.

����� (c) Participate in a substance abuse evaluation as directed by the supervising officer and follow the recommendations of the evaluator if there are reasonable grounds to believe there is a history of substance abuse.

����� (d) Remain in the State of Oregon until written permission to leave is granted by the Department of Corrections or a county community corrections agency.

����� (e) Not change residence without prior permission from the Department of Corrections or a county community corrections agency and inform the parole and probation officer of any change in employment.

����� (f) Permit the parole and probation officer to visit the probationer or the probationer�s work site or residence and to conduct a walk-through of the common areas and of the rooms in the residence occupied by or under the control of the probationer.

����� (g) Consent to the search of person, vehicle or premises upon the request of a representative of the supervising officer if the supervising officer has reasonable grounds to believe that evidence of a violation will be found, and submit to fingerprinting or photographing, or both, when requested by the Department of Corrections or a county community corrections agency for supervision purposes.

����� (h) Obey all laws, municipal, county, state and federal, and in circumstances in which state and federal law conflict, obey state law.

����� (i) Promptly and truthfully answer all reasonable inquiries by the Department of Corrections or a county community corrections agency.

����� (j) Not possess weapons, firearms or dangerous animals.

����� (k) Report as required and abide by the direction of the supervising officer.

����� (L) If recommended by the supervising officer, successfully complete a sex offender treatment program approved by the supervising officer and submit to polygraph examinations at the direction of the supervising officer if the probationer:

����� (A) Is under supervision for a sex crime as defined in ORS 163A.005 or harassment under ORS