Oregon Revised Statutes Chapter 475 § 475.897 — Conditional discharge of drug enforcement misdemeanor

Conditional discharge of drug enforcement misdemeanor. (1)(a) When a person is charged with unlawful possession of a controlled substance under ORS 475.752 (3)(a), (b), (c) or (d), 475.794 (2)(a), 475.814 (2)(a), 475.824 (2)(a), 475.834 (2)(a), 475.854 (2)(a), 475.874 (2)(a), 475.884 (2)(a) or 475.894 (2)(a) constituting a drug enforcement misdemeanor as described in ORS 475.896, the person is eligible to enter, and subject to paragraphs (b) and (c) of this subsection may request to enter, into a probation agreement as described in this section. (b) The district attorney may object to the defendant’s entry into a probation agreement under this section. After hearing the reasons for the objection, the court may deny the person’s entry if the probation agreement would not serve the needs of the person or the protection and welfare of the community. (c) A person may request to enter into a probation agreement under this section no later than 30 days after the person’s first appearance, unless the court authorizes a later date for good cause shown. For purposes of this paragraph, the filing of a demurrer, a motion to suppress or a motion for an omnibus hearing does not constitute good cause. (d) When a person enters into a probation agreement under this section, the court shall defer further proceedings on the charge described in paragraph (a) of this subsection and place the person on probation. The terms of the probation shall be defined by a probation agreement. (e) A person may enter into a probation agreement under this section on the charge described in paragraph (a) of this subsection regardless of whether the person is charged with other offenses within the same charging instrument or as part of a separate charging instrument, but the proceedings on the other offenses continue in the normal course and are not deferred. (2)(a) A probation agreement described in this section carries the understanding that if the defendant fulfills the terms of the agreement, the charge described in subsection (1)(a) of this section that is the subject of the agreement will be dismissed with prejudice. (b) The initial term of probation shall be 12 months, subject to early termination by the court. The terms of the probation shall include the general conditions of probation described in ORS 137.540 (1) and a requirement that the defendant complete a substance abuse evaluation and any treatment recommended by the evaluator. The court may impose sanctions of up to a total of 30 days of imprisonment upon finding that the person has violated the conditions of probation. Structured, intermediate sanctions as described in ORS 137.593 may be imposed in accordance with rules adopted under ORS 137.595 when the conditions of a term of probation described in this section have been violated. (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 (3) 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 may not contain a requirement that the defendant enter a plea of guilty or no contest on any charge in the accusatory instrument. (e) The fact that a person has entered into a probation agreement under this section does not constitute an admission of guilt and is not sufficient to warrant a finding or adjudication of guilt by a court. (f) 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 under subsection (3) of this section. (3) Upon violation of a term or condition of the probation agreement, the court may: (a) Impose a sanction; or (b) Resume the criminal proceedings in accordance with the waiver of rights in the agreement. The defendant may not contest the sufficiency of the evidence establishing the defendant’s guilt of the offenses in the accusatory instrument. (4) Upon the conclusion or early termination of the probation period, if the court has received notice from the district attorney or a supervising officer that the person has fulfilled the terms and conditions of the probation agreement, the court shall discharge the person and dismiss the charge that is the subject of the agreement. Discharge and dismissal under this section shall be