(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.
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 137 - Judgment and Execution; Parole and Probation by the Court
Section 137.010 - Duty of court to ascertain and impose punishment.
Section 137.020 - Time for pronouncing judgment; delay; notice of right to appeal.
Section 137.030 - Presence of defendant at pronouncement of judgment.
Section 137.040 - Bringing defendant in custody to pronouncement of judgment.
Section 137.060 - Form of bench warrant.
Section 137.071 - Requirements for judgment documents.
Section 137.074 - Fingerprints of convicted felons and certain misdemeanants required.
Section 137.077 - Presentence report; general principles of disclosure.
Section 137.080 - Consideration of circumstances in aggravation or mitigation of punishment.
Section 137.085 - Age and physical disability of victim as factors in sentencing.
Section 137.090 - Considerations in determining aggravation or mitigation.
Section 137.101 - Compensatory fine.
Section 137.103 - Definitions for ORS 137.101 to 137.109.
Section 137.105 - Authority of trial court during pendency of appeal.
Section 137.106 - Restitution to victims; objections by defendant; disclosure to defendant.
Section 137.107 - Authority of court to amend part of judgment relating to restitution.
Section 137.108 - Restitution when defendant has entered into diversion agreement.
Section 137.120 - Term of sentence; reasons to be stated on record.
Section 137.121 - Maximum consecutive sentences.
Section 137.123 - Provisions relating to concurrent and consecutive sentences.
Section 137.126 - Definitions for ORS 137.126 to 137.131.
Section 137.129 - Length of community service sentence.
Section 137.131 - Community service as condition of probation for offense involving graffiti.
Section 137.138 - Forfeiture of weapons and revocation of hunting license for certain convictions.
Section 137.143 - All monetary obligations constitute single obligation on part of convicted person.
Section 137.145 - Definitions for ORS 137.145 to 137.159.
Section 137.153 - Level II obligations in circuit court judgments.
Section 137.154 - Level II obligations in local court judgments.
Section 137.172 - Entry of corrected judgment.
Section 137.183 - Interest on judgments; waiver; payments.
Section 137.210 - Taxation of costs against complainant.
Section 137.218 - Joint petition for reconsideration of conviction or sentence.
Section 137.221 - Vacation of judgment of conviction for prostitution.
Section 137.226 - Eligibility for order setting aside certain marijuana convictions.
Section 137.228 - Finding that defendant is alcoholic or drug-dependent person; effect.
Section 137.229 - Duty of Department of Corrections.
Section 137.281 - Withdrawal of rights during term of incarceration; restoration of rights.
Section 137.286 - Minimum fines for misdemeanors and felonies; retention of jurisdiction.
Section 137.300 - Criminal Fine Account; rules.
Section 137.301 - Legislative findings.
Section 137.310 - Authorizing execution of judgment; detention of defendant.
Section 137.330 - Where judgment of imprisonment in county jail is executed.
Section 137.333 - Exception to ORS 137.330.
Section 137.463 - Death warrant hearing; death warrant.
Section 137.464 - Administrative assessment of defendant’s mental capacity.
Section 137.466 - Judicial determination of defendant’s mental capacity.
Section 137.473 - Means of inflicting death; place and procedures; acquisition of lethal substance.
Section 137.478 - Return of death warrant after execution of sentence of death.
Section 137.482 - Service of documents on defendant.
Section 137.523 - Custody of person sentenced to confinement as condition of probation.
Section 137.530 - Investigation and report of parole and probation officers; statement of victim.
Section 137.542 - Probation conditions related to medical use of cannabis.
Section 137.547 - Consolidation of probation violation proceedings; rules.
Section 137.551 - Revocation of probationary sentences; release dates; rules.
Section 137.553 - Use of citations for probation violations authorized.
Section 137.557 - Citation; procedure; contents.
Section 137.570 - Authority to transfer probationer from one agency to another; procedure.
Section 137.592 - Policy regarding probation violations.
Section 137.595 - Establishing system of sanctions; rules.
Section 137.596 - Probation violations; custodial sanctions; rules.
Section 137.597 - Probationer may consent to imposition of sanctions.
Section 137.599 - Hearing prior to, or after, imposition of sanctions.
Section 137.620 - Powers of parole and probation officers; oath of office; bond; audit of accounts.
Section 137.630 - Duties of parole and probation officers.
Section 137.633 - Earned reduction of supervision period; rules.
Section 137.635 - Determinate sentences required for certain felony convictions.
Section 137.637 - Determining length of determinate sentences.
Section 137.651 - Definitions for ORS 137.654, 137.656 and 137.658.
Section 137.654 - Oregon Criminal Justice Commission; membership; terms; meetings.
Section 137.656 - Purpose and duties of commission; rules.
Section 137.661 - Agency cooperation with commission.
Section 137.662 - Oregon Criminal Justice Commission Account.
Section 137.667 - Amendments to sentencing guidelines; submitting to Legislative Assembly; rules.
Section 137.669 - Guidelines control sentences; mandatory sentences.
Section 137.671 - Authority of court to impose sentence outside guidelines.
Section 137.672 - Aggravating factor sentencing rules relating to gender identity of victim.
Section 137.673 - Validity of rules.
Section 137.674 - Use of force data analysis; report to legislature.
Section 137.678 - Analysis of bias-related crime and incident data; annual report; rules.
Section 137.679 - Restorative justice grant program; rules.
Section 137.680 - Development of specialty court standards.
Section 137.681 - Innovative Grant Program; rules.
Section 137.682 - Innovative Grant Fund.
Section 137.683 - Racial and ethnic impact statements for proposed legislation; rules.
Section 137.685 - Racial and ethnic impact statements for state measures; hearing.
Section 137.689 - Oregon Crimefighting Act.
Section 137.690 - Major felony sex crime.
Section 137.700 - Offenses requiring imposition of mandatory minimum sentences.
Section 137.705 - Definitions; adult prosecution of certain juvenile offenders.
Section 137.709 - Application of ORS 137.700 and 137.707.
Section 137.712 - Exceptions to ORS 137.700 and 137.707.
Section 137.717 - Presumptive sentences for certain property offenders.
Section 137.719 - Presumptive life sentence for certain sex offenders upon third conviction.
Section 137.725 - Presumptive life sentence for certain sex offenders upon second conviction.
Section 137.752 - Requirements when defendant committed to custody of county.
Section 137.754 - Authority of court to modify judgment to comply with ORS 137.750 and 137.752.
Section 137.767 - Presentence investigation and examination.
Section 137.769 - Defendant’s right to independent examination.
Section 137.771 - Resentencing hearing; petition; findings; modification of sentence.
Section 137.924 - Supervisory authority to provide information to agency directors.
Section 137.930 - Criminal history data provider requirements.