Oregon Revised Statutes

Or. Rev. Stat. § 135.891 (2026)

Conditions of diversion agreement; dismissal of criminal charges; scope of agreement; program fee

✓ current as of May 2026

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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]

Notes of Decisions

Cited in 5 cases, 1979–2020 · leading case: State Ex Rel. Harmon v. Blanding, 644 P.2d 1082 (Or. 1982).

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State Ex Rel. Harmon v. Blanding, 644 P.2d 1082 (Or. 1982). · cites it 4× “as considered the factors listed in subsection (2) of this section, if it appears to the district attorney that diversion of the defendant would be in the interests of justice and of benefit to the defendant and the community, the district attorney may propose a diversion…”

State Ex Rel. Anderson v. Haas, 602 P.2d 346 (Or. Ct. App. 1979). “as considered the factors listed in subsection (2) of this section, if it appears to the district attorney that diversion of the defendant would be in the interests of justice and of benefit to the defendant and the community, the district attorney may propose a diversion…”

Patterson v. Foote, 204 P.3d 97 (Or. Ct. App. 2009). “See ORS 135.891 (setting out requirements for diversions, including “participation in programs offering medical, educational, vocational, social and psychological services, corrective and preventive guidance and other rehabilitative services”); ORS 135.”

State v. Molette, 296 P.3d 594 (Or. Ct. App. 2013). “ORS 135.891. We decline to consider an argument presented for the first time at oral argument.”

Marvin Roberts v. City of Fairbanks, 962 F.3d 1165 (9th Cir. 2020). “033 (mandating the dismissal of charges following a defendant’s completion of “the terms and conditions of a preprosecution diversion program”); Or. Rev. Stat. § 135.891 (confirming that criminal charges will be dismissed with prejudice when a defendant fulfills the requirements…”

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