813.225
Petition for extension of diversion period; conditions. (1) A defendant may apply by
motion to the court in which a driving while under the influence of intoxicants
diversion agreement described in ORS 813.230 was entered for an order extending
the diversion period:
(a) Within 30
days prior to the end of the diversion period; or
(b) If the
defendant is serving on active duty as a member of the Armed Forces of the
United States, or is a member of the reserve components of the Armed Forces of
the United States or the National Guard, at any time prior to the end of the
diversion period.
(2) Petition
forms for an application for an extension under this section shall be available
to a defendant at the court.
(3) The form of
the petition for an extension under this section shall be determined by the
Supreme Court under ORS 1.525. The petition forms made available to a defendant
by any city or state court shall conform to the requirements of the Supreme
Court.
(4) The court may
grant a petition for an extension filed under this section if the court finds
that the defendant made a good faith effort to complete the conditions of the
diversion agreement and that the defendant can complete the conditions of the
diversion agreement within the requested extended diversion period.
(5) An extension
granted under this section may be for no more than 180 days from the ending
date of the original diversion period or for another time period the court
allows under subsection (7) of this section.
(6) Except as
provided in subsection (7) of this section, a court may grant a defendant only
one extension of a diversion period under this section.
(7) The court may
extend the diversion period as necessary to allow the defendant sufficient time
to complete the conditions of the diversion agreement if the defendant:
(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;
(b) Is on active
duty or has received orders that the defendant will be called to active duty;
and
(c) Demonstrates
that the military service will impair the defendant’s ability to complete the
conditions of the diversion agreement and no comparable treatment program
described in ORS 813.233 is available.
(8) If the court
grants the petition for an extension under this section, the following apply:
(a) If the
defendant fully complies with the conditions of the diversion agreement within
the extended diversion period, the court may dismiss the charge with prejudice
under ORS 813.250.
(b) If the court
finds that the defendant failed to comply with the diversion agreement within
the extended diversion period, the court shall enter the guilty plea or no
contest plea filed as part of the petition for a diversion agreement, shall
enter a judgment of conviction and shall sentence the defendant.
(9) If the court
denies the petition for an extension under this section, the court shall enter
the guilty plea or no contest plea filed as part of the petition for a
diversion agreement, shall enter a judgment of conviction and shall sentence
the defendant. [1997 c.749 §7; 2003 c.816 §3; 2011 c.197 §2]
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 2006–2022 · leading case:
State v. Colgrove, 521 P.3d 456 (Or. 2022).
State v. Colgrove, 521 P.3d 456 (Or. 2022).
· cites it 4× “” ORS 813.225(1). The trial court has discretion to grant an extension if it finds that “the defendant made a good faith effort to complete the conditions of the diversion agreement and that the defendant can complete the conditions of the diversion agreement” within the…”
State v. Maul, 132 P.3d 665 (Or. Ct. App. 2006).
· cites it 10× “” ORS 813.225(1). The court, however, may grant only one extension, and the maximum length of the extension is 180 days.”
State v. Gaino, 149 P.3d 1229 (Or. Ct. App. 2006).
· cites it 5× “On March 17, 2003, defendant, appearing pro se, filed a petition to extend the duration of her diversion agreement and, as required by ORS 813.225 (2001), amended by Or Laws 2003, ch 816, § 6, concurrently filed a petition to enter .”
State v. Rowland, 228 P.3d 670 (Or. Ct. App. 2010).
· cites it 7× “See ORS 813.225 (allowing a defendant to seek one 180-day extension).”
State v. Reed, 249 P.3d 557 (Or. Ct. App. 2011).
· cites it 11× “ORS 813.225 further provides: “(3) The court shall terminate the diversion agreement and enter the guilty plea or no contest plea that was filed as part of the petition for the diversion agreement if: “(a) At the hearing on the order to show cause, the court finds by a…”
State v. Donathan, 383 P.3d 946 (Or. Ct. App. 2016).
“Compare ORS 813.225(4) (1999) (requiring a guilty plea as a condition of an extension of time to complete diversion) with ORS 813.”
State v. Zook, 476 P.3d 508 (Or. Ct. App. 2020).
· cites it 38× “Held: Reading ORS 813.225 and ORS 813.255 together, the trial court may grant an extension of a diversion agreement, despite defendant’s violation of an alcohol condition, when the court finds that defendant made a good faith effort to complete the conditions of the diversion…”
State v. Calderon, 241 P.3d 335 (Or. Ct. App. 2010).
“The state could have granted him leniency by not contesting a request for an extension of time to complete the diversion, made pursuant to ORS 813.225(1), or by not pursuing the termination of his diversion and, therefore, the entry of his guilty plea to DUII.”
State v. Wilson, 270 P.3d 411 (Or. Ct. App. 2012).
· cites it 2× “See ORS 813.225 (allowing a defendant to file an application for a 180-day extension of the diversion period).”
State v. Reed, 249 P.3d 557 (Or. Ct. App. 2011).
· cites it 10× “ORS 813.225 further provides: *561 "(3) The court shall terminate the diversion agreement and enter the guilty plea or no contest plea that was filed as part of the petition for the diversion agreement if: "(a) At the hearing on the order to show cause, the court finds by a…”
State v. Ellis, 199 P.3d 359 (Or. Ct. App. 2008).
· cites it 2× “” ORS 813.225(1) allows a defendant to apply “by motion to the court in which the diversion agreement was entered for an order extending the diversion period.”
— Or. Rev. Stat. § 813.225(1) — 4 cases
State v. Colgrove, 521 P.3d 456 (Or. 2022).
“” ORS 813.225(1). The trial court has discretion to grant an extension if it finds that “the defendant made a good faith effort to complete the conditions of the diversion agreement and that the defendant can complete the conditions of the diversion agreement” within the…”
State v. Maul, 132 P.3d 665 (Or. Ct. App. 2006).
“” ORS 813.225(1). The court, however, may grant only one extension, and the maximum length of the extension is 180 days.”
State v. Calderon, 241 P.3d 335 (Or. Ct. App. 2010).
“The state could have granted him leniency by not contesting a request for an extension of time to complete the diversion, made pursuant to ORS 813.225(1), or by not pursuing the termination of his diversion and, therefore, the entry of his guilty plea to DUII.”
State v. Ellis, 199 P.3d 359 (Or. Ct. App. 2008).
“” ORS 813.225(1) allows a defendant to apply “by motion to the court in which the diversion agreement was entered for an order extending the diversion period.”
— Or. Rev. Stat. § 813.225(4) — 4 cases
State v. Colgrove, 521 P.3d 456 (Or. 2022).
“” ORS 813.225(1). The trial court has discretion to grant an extension if it finds that “the defendant made a good faith effort to complete the conditions of the diversion agreement and that the defendant can complete the conditions of the diversion agreement” within the…”
State v. Donathan, 383 P.3d 946 (Or. Ct. App. 2016).
“Compare ORS 813.225(4) (1999) (requiring a guilty plea as a condition of an extension of time to complete diversion) with ORS 813.”
State v. Zook, 476 P.3d 508 (Or. Ct. App. 2020).
“Held: Reading ORS 813.225 and ORS 813.255 together, the trial court may grant an extension of a diversion agreement, despite defendant’s violation of an alcohol condition, when the court finds that defendant made a good faith effort to complete the conditions of the diversion…”
State v. Ellis, 199 P.3d 359 (Or. Ct. App. 2008).
“” ORS 813.225(1) allows a defendant to apply “by motion to the court in which the diversion agreement was entered for an order extending the diversion period.”
— Or. Rev. Stat. § 813.225(5) — 5 cases
State v. Colgrove, 521 P.3d 456 (Or. 2022).
“” ORS 813.225(1). The trial court has discretion to grant an extension if it finds that “the defendant made a good faith effort to complete the conditions of the diversion agreement and that the defendant can complete the conditions of the diversion agreement” within the…”
State v. Maul, 132 P.3d 665 (Or. Ct. App. 2006).
“” ORS 813.225(1). The court, however, may grant only one extension, and the maximum length of the extension is 180 days.”
State v. Reed, 249 P.3d 557 (Or. Ct. App. 2011).
“ORS 813.225 further provides: “(3) The court shall terminate the diversion agreement and enter the guilty plea or no contest plea that was filed as part of the petition for the diversion agreement if: “(a) At the hearing on the order to show cause, the court finds by a…”
State v. Reed, 249 P.3d 557 (Or. Ct. App. 2011).
“ORS 813.225 further provides: *561 "(3) The court shall terminate the diversion agreement and enter the guilty plea or no contest plea that was filed as part of the petition for the diversion agreement if: "(a) At the hearing on the order to show cause, the court finds by a…”
State v. Zook, 476 P.3d 508 (Or. Ct. App. 2020).
“Held: Reading ORS 813.225 and ORS 813.255 together, the trial court may grant an extension of a diversion agreement, despite defendant’s violation of an alcohol condition, when the court finds that defendant made a good faith effort to complete the conditions of the diversion…”
— Or. Rev. Stat. § 813.225(5)(a) — 2 cases
State v. Reed, 249 P.3d 557 (Or. Ct. App. 2011).
“ORS 813.225 further provides: “(3) The court shall terminate the diversion agreement and enter the guilty plea or no contest plea that was filed as part of the petition for the diversion agreement if: “(a) At the hearing on the order to show cause, the court finds by a…”
State v. Reed, 249 P.3d 557 (Or. Ct. App. 2011).
“ORS 813.225 further provides: *561 "(3) The court shall terminate the diversion agreement and enter the guilty plea or no contest plea that was filed as part of the petition for the diversion agreement if: "(a) At the hearing on the order to show cause, the court finds by a…”
— Or. Rev. Stat. § 813.225(5)(b) — 1 case
State v. Reed, 249 P.3d 557 (Or. Ct. App. 2011).
“ORS 813.225 further provides: “(3) The court shall terminate the diversion agreement and enter the guilty plea or no contest plea that was filed as part of the petition for the diversion agreement if: “(a) At the hearing on the order to show cause, the court finds by a…”
— Or. Rev. Stat. § 813.225(7) — 3 cases
State v. Colgrove, 521 P.3d 456 (Or. 2022).
“” ORS 813.225(1). The trial court has discretion to grant an extension if it finds that “the defendant made a good faith effort to complete the conditions of the diversion agreement and that the defendant can complete the conditions of the diversion agreement” within the…”
State v. Maul, 132 P.3d 665 (Or. Ct. App. 2006).
“” ORS 813.225(1). The court, however, may grant only one extension, and the maximum length of the extension is 180 days.”
State v. Zook, 476 P.3d 508 (Or. Ct. App. 2020).
“Held: Reading ORS 813.225 and ORS 813.255 together, the trial court may grant an extension of a diversion agreement, despite defendant’s violation of an alcohol condition, when the court finds that defendant made a good faith effort to complete the conditions of the diversion…”
— Or. Rev. Stat. § 813.225(7)(a) — 4 cases
State v. Maul, 132 P.3d 665 (Or. Ct. App. 2006).
“” ORS 813.225(1). The court, however, may grant only one extension, and the maximum length of the extension is 180 days.”
State v. Rowland, 228 P.3d 670 (Or. Ct. App. 2010).
“See ORS 813.225 (allowing a defendant to seek one 180-day extension).”
State v. Reed, 249 P.3d 557 (Or. Ct. App. 2011).
“ORS 813.225 further provides: “(3) The court shall terminate the diversion agreement and enter the guilty plea or no contest plea that was filed as part of the petition for the diversion agreement if: “(a) At the hearing on the order to show cause, the court finds by a…”
State v. Reed, 249 P.3d 557 (Or. Ct. App. 2011).
“ORS 813.225 further provides: *561 "(3) The court shall terminate the diversion agreement and enter the guilty plea or no contest plea that was filed as part of the petition for the diversion agreement if: "(a) At the hearing on the order to show cause, the court finds by a…”
— Or. Rev. Stat. § 813.225(7)(b) — 5 cases
State v. Maul, 132 P.3d 665 (Or. Ct. App. 2006).
“” ORS 813.225(1). The court, however, may grant only one extension, and the maximum length of the extension is 180 days.”
State v. Rowland, 228 P.3d 670 (Or. Ct. App. 2010).
“See ORS 813.225 (allowing a defendant to seek one 180-day extension).”
State v. Reed, 249 P.3d 557 (Or. Ct. App. 2011).
“ORS 813.225 further provides: “(3) The court shall terminate the diversion agreement and enter the guilty plea or no contest plea that was filed as part of the petition for the diversion agreement if: “(a) At the hearing on the order to show cause, the court finds by a…”
State v. Zook, 476 P.3d 508 (Or. Ct. App. 2020).
“Held: Reading ORS 813.225 and ORS 813.255 together, the trial court may grant an extension of a diversion agreement, despite defendant’s violation of an alcohol condition, when the court finds that defendant made a good faith effort to complete the conditions of the diversion…”
State v. Reed, 249 P.3d 557 (Or. Ct. App. 2011).
“ORS 813.225 further provides: *561 "(3) The court shall terminate the diversion agreement and enter the guilty plea or no contest plea that was filed as part of the petition for the diversion agreement if: "(a) At the hearing on the order to show cause, the court finds by a…”
— Or. Rev. Stat. § 813.225(8) — 1 case
State v. Gaino, 149 P.3d 1229 (Or. Ct. App. 2006).
“On March 17, 2003, defendant, appearing pro se, filed a petition to extend the duration of her diversion agreement and, as required by ORS 813.225 (2001), amended by Or Laws 2003, ch 816, § 6, concurrently filed a petition to enter .”
— Or. Rev. Stat. § 813.225(8)(a) — 1 case
State v. Zook, 476 P.3d 508 (Or. Ct. App. 2020).
“Held: Reading ORS 813.225 and ORS 813.255 together, the trial court may grant an extension of a diversion agreement, despite defendant’s violation of an alcohol condition, when the court finds that defendant made a good faith effort to complete the conditions of the diversion…”
— Or. Rev. Stat. § 813.225(8)(b) — 1 case
State v. Zook, 476 P.3d 508 (Or. Ct. App. 2020).
“Held: Reading ORS 813.225 and ORS 813.255 together, the trial court may grant an extension of a diversion agreement, despite defendant’s violation of an alcohol condition, when the court finds that defendant made a good faith effort to complete the conditions of the diversion…”
— Or. Rev. Stat. § 813.225(9) — 2 cases
State v. Gaino, 149 P.3d 1229 (Or. Ct. App. 2006).
“On March 17, 2003, defendant, appearing pro se, filed a petition to extend the duration of her diversion agreement and, as required by ORS 813.225 (2001), amended by Or Laws 2003, ch 816, § 6, concurrently filed a petition to enter .”
State v. Zook, 476 P.3d 508 (Or. Ct. App. 2020).
“Held: Reading ORS 813.225 and ORS 813.255 together, the trial court may grant an extension of a diversion agreement, despite defendant’s violation of an alcohol condition, when the court finds that defendant made a good faith effort to complete the conditions of the diversion…”
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