reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.783 - Effect of escape from custody in another state.

Escape from custody while in another state pursuant to the Agreement on Detainers is an offense against the laws of this state to the same extent and degree as an escape from the institution in which the prisoner was confined immediately prior to having been sent to another state pursuant to the provision of the Agreement on Detainers and shall be punishable in the same manner as an escape from such institution. [Formerly 134.635]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.785 - Surrender of custody under ORS 135.775.

The official in charge of a Department of Corrections institution in this state shall give over the person of any adult in custody thereof whenever so required by the operation of the Agreement on Detainers. [Formerly 134.645; 1987 c.320 §21; 2019 c.213 §21]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.789 - Notice of request for temporary custody; prisoner’s rights.

In order to implement paragraph (a) of Article IV of the Agreement on Detainers, and in furtherance of its purposes, the appropriate authorities having custody of the prisoner shall, promptly upon receipt of the officer’s written request, notify the prisoner and the Governor in writing that a request for temporary custody has been made and such notification shall describe the source and contents of such request. The authorities having custody of the prisoner shall also advise the prisoner in writing of the rights of the prisoner to counsel, to make representations to the Governor within 30 days, and to contest the legality of the delivery of the prisoner. [Formerly 134.665]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.791 - Request for final disposition of detainer from prisoner in another state.

When the district attorney of any county shall have received written notice from a prisoner in another state of the prisoner’s request for final disposition to be made of any untried accusatory instrument which is the basis of a detainer against the prisoner, the district attorney promptly shall give written notice to the Governor that such request has been received. The notice to the Governor shall describe the charge pending against the prisoner and shall recite the crime of which the prisoner was convicted in the other state, the sentence imposed and the date the sentence commenced, or so much of such information as may be known to the district attorney. The notice to the Governor shall be accompanied by a summary of the evidence against the prisoner on the untried charge. Within 10 days after receiving the notice and summary of evidence, the Governor shall send written direction to the district attorney either to proceed with prosecution of the prisoner when the prisoner is made available, or to move the court for dismissal of the untried indictment, information or complaint and to remove the detainer against the prisoner. The written direction may be signed by the Governor or by a person authorized by the Governor to perform extradition functions. The decision of the Governor shall be final, and the district attorney shall act as so directed. [1973 c.632 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.793 - Procedure where untried instrument pending against prisoner in another state.

Any officer of a jurisdiction in this state in which an untried accusatory instrument is pending against a prisoner in another state, and who desires to have the prisoner returned for trial, shall give written notice and a summary of the evidence against the prisoner to the Governor in the manner provided in ORS 135.791. The Governor shall, within 10 days after receiving the notice and summary, send written direction to such officer either approving or disapproving the return of the prisoner. The direction by the Governor shall be final, and may be signed as provided in ORS 135.791. The officer desiring return of a prisoner shall not seek the court approval provided for in paragraph (a) of Article IV of the Agreement on Detainers prior to receiving approval by the Governor. [1973 c.632 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.805 - Applicability; scope of disclosure.

(1) The provisions of ORS 135.805 to 135.873 are applicable to all criminal prosecutions in which the charging instrument has been brought in a court of record.
(2) Except as otherwise provided in a protective order entered under ORS 135.873, or any other provision of law prohibiting or restricting the disclosure of specific material or information, as used in ORS 135.805 to 135.873, "disclose" means to provide:
(a) A copy of the material, including but not limited to any document, photograph, report, audio recording, video recording or electronically stored information;
(b) The opportunity to inspect and photograph tangible physical evidence; and
(c) The opportunity to conduct independent testing of tangible physical evidence, provided that the testing does not destroy the evidence.
(3) Subsection (2)(a) of this section does not apply to any material that contains depictions of sexually explicit conduct involving a child, as those terms are defined in ORS 163.665. [1973 c.836 §213; 1977 c.617 §1; 2021 c.409 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.825 - Other disclosure to defense; special conditions.

Except as otherwise provided in ORS 135.855 and 135.873, the district attorney shall disclose to the defense:
(1) The occurrence of a search or seizure; and
(2) Upon written request by the defense, any relevant material or information obtained thereby, the circumstances of the search or seizure, and the circumstances of the acquisition of any specified statements from the defendant. [1973 c.836 §215; 1999 c.304 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.835 - Disclosure to the state.

Except as otherwise provided in ORS 135.855 and 135.873, the defense shall disclose to the district attorney the following material and information within the possession or control of the defense:
(1) The names and addresses of persons, including the defendant, whom the defense intends to call as witnesses at the trial, together with relevant written or recorded statements or memoranda of any oral statements of such persons other than the defendant.
(2) Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments or comparisons, that the defense intends to offer in evidence at the trial.
(3) Any books, papers, documents, photographs or tangible objects that the defense intends to offer in evidence at the trial. [1973 c.836 §216; 1999 c.304 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.845 - Time of disclosure.

(1) The obligations to disclose shall be performed as soon as practicable following the filing of an indictment or information in the circuit court or the filing of a complaint or information charging a misdemeanor or violation of a city ordinance. The court may supervise the exercise of discovery to the extent necessary to insure that it proceeds properly and expeditiously.
(2) If, after complying with the provisions of ORS 135.805 to 135.873 and 135.970, a party finds, either before or during trial, additional material or information which is subject to or covered by these provisions, the party must promptly notify the other party of the additional material or information. [1973 c.836 §217; 1999 c.304 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.855 - Material and information not subject to discovery.

(1) The following material and information shall not be subject to discovery under ORS 135.805 to 135.873:
(a) Work product, legal research, records, correspondence, reports or memoranda to the extent that they contain the opinions, theories or conclusions of the attorneys, peace officers or their agents in connection with the investigation, prosecution or defense of a criminal action.
(b) The identity of a confidential informant where the identity of the informant is a prosecution secret and a failure to disclose will not infringe the constitutional rights of the defendant. Except as provided in ORS 135.873, disclosure shall not be denied hereunder of the identity of witnesses to be produced at trial.
(c) Transcripts, recordings or memoranda of testimony of witnesses before the grand jury, except transcripts or recordings of statements made by the defendant.
(d) Schematics, source codes or software of an instrument that was used to test a person’s breath, blood or urine to determine the alcoholic content of the person’s blood that are not in the actual possession or control of the state.
(2) When some parts of certain material are discoverable under ORS 135.805 to 135.873 or 135.970, and other parts not discoverable, as much of the material shall be disclosed as is consistent with the provisions thereof. [1973 c.836 §218; 1999 c.304 §5; 2007 c.581 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.857 - Disclosure to victim; conditions.

(1) In any criminal prosecution arising from an automobile collision in which the defendant is alleged to have been under the influence of alcohol or drugs, the district attorney prosecuting the action shall make available, upon request, to the victim or victims and to their attorney, or to the survivors of the victim or victims and to their attorney, all reports and information disclosed to the defendant pursuant to ORS 135.805 to 135.873. The reports and information shall be made available at the same time as it is disclosed to the defendant or as soon thereafter as may be practicable after a request is received. The district attorney may impose such conditions as may be reasonable and necessary to prevent the release of the reports and information from interfering with the trial of the defendant. The district attorney may apply to the court for an order requiring any person receiving such reports and information to comply with the conditions of release.
(2) For the purpose of this section:
(a) "District attorney" has that meaning given in ORS 131.005.
(b) "Drug" has that meaning given in ORS 475.005. [1991 c.229 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.865 - Effect of failure to comply with discovery requirements.

Upon being apprised of any breach of the duty imposed by the provisions of ORS 135.805 to 135.873 and 135.970, the court may order the violating party to permit inspection of the material, or grant a continuance, or refuse to permit the witness to testify, or refuse to receive in evidence the material not disclosed, or enter such other order as it considers appropriate. [1973 c.836 §219; 1999 c.304 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.881 - Definitions for ORS 135.881 to 135.901.

As used in ORS 135.881 to 135.901:
(1) "District attorney" has the meaning given that term in ORS 131.005.
(2) "Diversion" means referral of a defendant in a criminal case to a supervised performance program prior to adjudication.
(3) "Diversion agreement" means the specification of formal terms and conditions which a defendant must fulfill in order to have the charges against the defendant dismissed.
(4) "Servicemember" means a person who:
(a) Is 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; or
(b)(A) 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; and
(B) Received an honorable discharge, a general discharge under honorable conditions or a discharge under other than honorable conditions. [1977 c.373 §1; 2010 c.25 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.891 - Conditions of diversion agreement; dismissal of criminal charges; scope of agreement; program fee.

(1) A diversion agreement carries the understanding that if the defendant fulfills the obligations of the program described therein, the criminal charges filed against the defendant will be dismissed with prejudice. It shall include specifically the waiver of the right to a speedy trial. It may include, but is not limited to, admissions by the defendant, stipulation of facts, stipulation that depositions of witnesses may be taken pursuant to ORS 136.080 to 136.100, payment of costs as defined in ORS 135.705, restitution, performance of community service, residence in a halfway house or similar facility, maintenance of gainful employment, and participation in programs offering medical, educational, vocational, social and psychological services, corrective and preventive guidance and other rehabilitative services.
(2) As a condition of entering into a diversion agreement under ORS 135.881 to 135.901, the defendant must pay a program fee of $100. The court may waive all or part of the fee in cases involving indigent defendants, or may provide for payment of the fee on an installment basis. A fee collected under this subsection in the circuit court shall be deposited by the clerk of the court in the Criminal Fine Account. If the fee is collected in a municipal or justice court, $35 of the fee shall be forwarded by the court to the Department of Revenue for deposit in the Criminal Fine Account, and the remainder of the fee shall be paid to the city or county treasurer. [1977 c.373 §3; 1985 c.710 §5; 2012 c.81 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.893 - Diversion conditions related to medical use of cannabis.

(1) As used in this section, "cannabinoid concentrate," "cannabinoid extract," "medical cannabinoid product," "registry identification card" and "usable marijuana" have the meanings given those terms in ORS 475C.777.
(2) For a person who holds a registry identification card who is subject to a diversion agreement under ORS 135.891, the diversion conditions related to the use of usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts must be imposed in the same manner as the diversion conditions related to prescription drugs. [2016 c.24 §53d; 2019 c.292 §7]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.896 - Stay of criminal proceedings during period of agreement; limitation on stay; extension of stay.

(1) If the district attorney elects to offer diversion in lieu of further criminal proceedings and the defendant, with the advice of counsel, agrees to the terms of the proposed agreement, including a waiver of the right to a speedy trial, the court shall stay further criminal proceedings for a definite period. Except as provided in ORS 135.898 and subsection (2) of this section, the stay shall not exceed 270 days in the case of a defendant charged with commission of a felony, and shall not exceed 180 days in the case of a defendant charged with the commission of a misdemeanor. If the defendant declines diversion, the court shall resume criminal proceedings.
(2) Prior to the end of the stay of criminal proceedings described in subsection (1) of this section, the defendant may request that the district attorney approve an extension of the stay for a period up to 270 days in the case of a defendant charged with the commission of a felony and up to 180 days in the case of a defendant charged with the commission of a misdemeanor. If the district attorney approves the extension, the district attorney shall notify the court and the court shall order an extension of the stay of criminal proceedings for the approved period of time. [1977 c.373 §4; 2010 c.25 §3; 2015 c.258 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.898 - Diversion agreement involving servicemember charged with domestic violence.

When a diversion agreement authorized under ORS 135.886 (3) involves domestic violence as defined in ORS 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]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 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]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 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 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 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]
Note:
See note under 135.951.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.973 - Medication use by specialty court entrant.

(1) As used in this section, "specialty court" has the meaning given that term in ORS 137.680.
(2) An individual may not be denied entry into a specialty 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]
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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 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, specialty 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]
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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.001 - Right to jury trial; waiver.

(1) The defendant and the state in all criminal prosecutions have the right to public trial by an impartial jury.
(2) Both the defendant and the state may elect to waive trial by jury and consent to a trial by the judge of the court alone, provided that the election of the defendant is in writing and with the consent of the trial judge. [1973 c.836 §221; 1997 c.313 §21]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.005 - Challenge to jury panel.

(1) The district attorney or the defendant in a criminal action may challenge the jury panel on the ground that there has been a material departure from the requirements of the law governing selection of jurors by filing a motion with the court supported by an affidavit alleging facts that, if true, constitute a material departure from the requirements of the law governing the selection of jurors. The party making the motion shall serve the motion and supporting affidavit on the other party, the trial court administrator and the State Court Administrator.
(2) A challenge to the panel shall be made before the voir dire examination of the jury.
(3) If the court determines that there has been a material departure from the requirements of the law governing selection of jurors, the court shall:
(a) Stay the proceedings pending the selection of a jury panel in conformity with the applicable provisions of law; and
(b) Grant such other relief as may be appropriate.
(4) The procedures prescribed by this section are the exclusive means by which a district attorney or defendant may challenge a jury panel. [1973 c.836 §222; 2001 c.779 §17]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.040 - When presence of defendant is necessary.

(1) If the charge is for a misdemeanor, the trial may be had in the absence of the defendant if the defendant appears by counsel; but if it is for a felony, the defendant shall appear in person.
(2) Notwithstanding the provisions of subsection (1) of this section, if the charge is for a misdemeanor, the trial may be had in the absence of the defendant and defendant’s counsel if the misdemeanor is treated as a violation under ORS 161.566 or 161.568. [Amended by 1973 c.836 §225; 1993 c.533 §3; 1999 c.1051 §123]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.060 - Jointly charged defendants to be tried jointly; exception.

(1) Jointly charged defendants shall be tried jointly unless the court concludes before trial that it is clearly inappropriate to do so and orders that a defendant be tried separately. In reaching its conclusion the court shall strongly consider the victim’s interest in a joint trial.
(2) In ruling on a motion by a defendant for severance, the court may order the prosecution to deliver to the court for inspection in camera any statements or confessions made by any defendant that the prosecution intends to introduce in evidence at the trial. [Amended by 1983 c.705 §1; 1987 c.2 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.070 - Postponement of trial.

When a case is at issue upon a question of fact and before the same is called for trial, the court may, upon sufficient cause shown by the affidavit of the defendant or the statement of the district attorney, direct the trial to be postponed for a reasonable period of time. [Amended by 1959 c.638 §18; 1973 c.836 §226]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.080 - Deposition of witness as condition of postponement.

When an application is made for the postponement of a trial, the court may in its discretion require as a condition precedent to granting the same that the party applying therefor consent that the deposition of a witness may be taken and read on the trial of the case. Unless such consent is given, the court may refuse to allow such postponement for any cause.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.090 - Procedure for taking deposition.

When the consent mentioned in ORS 136.080 is given, the court shall make an order appointing some proper time and place for taking the deposition of the witness, either by the judge thereof or before some suitable person to be named therein as commissioner and upon either written or oral interrogatories.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.100 - Filing and use of deposition.

Upon the making of the order provided in ORS 136.090, the deposition shall be taken and filed in court and may be read on the trial of the case in like manner and with like effect and subject to the same objections as in civil cases.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.110 - Commitment of defendant after release.

When a defendant who has been released appears for trial, the court may in its discretion at any time after such appearance order the defendant to be committed to actual custody to abide the judgment or further order of the court; and the defendant shall be committed and held in custody accordingly. [Amended by 1973 c.836 §227]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.120 - Dismissal when prosecutor unready for trial; effect on subsequent prosecution; release of defendant.

(1) If the defendant appears at the time set for trial and the prosecuting attorney is not ready and does not show sufficient cause for postponing the trial, the court shall dismiss the accusatory instrument unless the court determines that dismissal is not in the public interest.
(2) If the court dismisses the accusatory instrument under subsection (1) of this section and:
(a) The instrument charges a felony or Class A misdemeanor, the dismissal is not a bar to another action for the same offense unless the court so orders.
(b) The instrument charges an offense other than a felony or Class A misdemeanor, the dismissal shall be a bar to another action for the same offense.
(3) If the dismissal is a bar to another action for the same offense, the court shall follow the procedures described in ORS 135.680 concerning the defendant’s release. [Amended by 1973 c.836 §228; 2017 c.529 §5]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.145 - Setting of court dates when presence of victim required.

When resetting any trial date or setting any court hearing requiring the presence of the victim, the court shall take the victim into consideration. The court shall inquire of the district attorney as to whether the victim has been informed of the prospective date and whether that date is convenient for the victim. [1987 c.2 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.210 - Jury number; examination.

(1) Except as provided in subsection (2) of this section, in criminal cases the trial jury shall consist of 12 persons unless the parties consent to a less number. It shall be formed, except as otherwise provided in ORS 136.220 to 136.250, in the same manner provided by ORCP 57 B, D(1)(a), D(1)(b), D(1)(g) and E. When the full number of jurors has been called, they shall thereupon be examined as to their qualifications, first by the court, then by the defendant and then by the state. After they have been passed for cause, peremptory challenges, if any, shall be exercised as provided in ORS 136.230.
(2) In criminal cases in the circuit courts in which the only charges to be tried are misdemeanors, the trial jury shall consist of six persons. [Amended by 1973 c.836 §231; 1979 c.284 §112; 1979 c.488 §2; 1991 c.247 §1; 1995 c.658 §76]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.220 - Challenge for implied bias.

A challenge for implied bias shall be allowed for any of the following causes and for no other:
(1) Consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged in the accusatory instrument, to the complainant or to the defendant.
(2) Standing in the relation of guardian and ward, attorney and client, physician and patient, naturopathic physician and patient, physician assistant and patient, nurse practitioner and patient, master and servant, debtor and creditor, principal and agent or landlord and tenant with the:
(a) Defendant;
(b) Person alleged to be injured by the offense charged in the accusatory instrument; or
(c) Complainant.
(3) Being a member of the family, a partner in business with or in the employment of any person referred to in subsection (2)(a), (b) or (c) of this section or a surety in the action or otherwise for the defendant.
(4) Having served on the grand jury which found the indictment or on a jury of inquest which inquired into the death of a person whose death is the subject of the indictment or information.
(5) Having been one of a jury formerly sworn in the same action, and whose verdict was set aside or which was discharged without a verdict after the cause was submitted to it.
(6) Having served as a juror in a civil action, suit or proceeding brought against the defendant for substantially the same act charged as an offense.
(7) Having served as a juror in a criminal action upon substantially the same facts, transaction or criminal episode. [Amended by 1961 c.444 §1; 1967 c.372 §1; 1973 c.836 §232; 1999 c.1051 §252; 2014 c.45 §22; 2017 c.356 §15]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.230 - Peremptory challenges.

(1) If the trial is upon an accusatory instrument in which one or more of the crimes charged is punishable with imprisonment in a Department of Corrections institution for life or is a capital offense, both the defendant and the state are entitled to 12 peremptory challenges, and no more. In any trial before more than six jurors, both are entitled to six. In any trial before six jurors, both are entitled to three.
(2) Peremptory challenges shall be taken in writing by secret ballot as follows:
(a) The defendant may challenge two jurors and the state may challenge two, and so alternating, the defendant exercising two challenges and the state two until the peremptory challenges are exhausted.
(b) After each challenge the panel shall be filled and the additional juror passed for cause before another peremptory challenge is exercised. Neither party shall be required to exercise a peremptory challenge unless the full number of jurors is in the jury box at the time.
(c) The refusal to challenge by either party in order of alternation does not prevent the adverse party from exercising that adverse party’s full number of challenges, and such refusal on the part of a party to exercise a challenge in proper turn concludes that party as to the jurors once accepted by that party. If that party’s right of peremptory challenge is not exhausted, that party’s further challenges shall be confined, in that party’s proper turn, to such additional jurors as may be called.
(3) Notwithstanding subsection (2) of this section, the defendant and the state may stipulate to taking peremptory challenges orally.
(4) Peremptory challenges are subject to ORCP 57 D(4). [Amended by 1973 c.836 §233; 1977 c.63 §1; 1987 c.2 §7; 1987 c.320 §26; 1995 c.530 §2; 1997 c.801 §70]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.240 - Challenge of accepted juror.

If the peremptory challenges of the moving party are not already exhausted, the court may for good cause shown permit a challenge to be taken to any juror before the jury is completed and sworn, notwithstanding the juror challenged may have been theretofore accepted.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.250 - Taking of challenges; number of challenges if two or more defendants.

All peremptory challenges may be taken by the state or defendant, but when several defendants are tried together, the defendants are entitled to the number of challenges they would have had if each defendant had been tried separately. When two or more defendants are tried together, the state is entitled to the same total number of peremptory challenges as the sum of the peremptory challenges the defendants could have exercised. [Amended by 1973 c.836 §234; 1997 c.511 §2]