ORS Guide
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SECTION 35: DRUG ENFORCEMENT MISDEMEANOUR PROVISIONS
  1. Unlawful possession of a controlled substance constituting a drug enforcement misdemeanor under ORS 475.752 (3)(a), (b), (c) or (d), 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) is punishable as described in this section.
    1. When imposing a sentence for the crime described in this section:
      1. The court may decide to not suspend the imposition or execution of any part of the sentence, and impose a term of incarceration in accordance with ORS 137.010 (7) of up to 180 days, only upon the request of the defendant.
      2. If the defendant has not requested to be sentenced under subparagraph (A) of this paragraph, or if the court has decided not to sentence the defendant under subparagraph (A) of this paragraph, the court shall suspend the imposition of any sentence of incarceration and, notwithstanding ORS 137.010 (4), impose a sentence of supervised probation of a definite period of up to 18 months.
    2. When imposing a sentence of probation under this section, the court may not order as a condition of probation that the defendant serve a sentence of incarceration or confinement in the county jail.
    3. Notwithstanding ORS 135.050, 137.010 (7), 161.635 and 161.665, the court may not include in the judgment of conviction for the crime described in this section a requirement that the defendant pay a fine, cost, assessment or attorney fee.
    4. ORS 137.540 (2)(a) does not apply to sentences imposed under this section.
    1. Structured, intermediate sanctions as described in ORS 137.593 may be imposed in accordance with rules adopted under ORS 137.595 when a condition of a term of probation imposed under this section has been violated
    2. Upon a finding that the person on probation has violated a condition of probation imposed under this section, the court may impose a sanction, which may include days in jail.
    3. The total amount of jail that a person may receive pursuant to structured, intermediate sanctions, or a court-imposed sanctions, on a probation imposed under this section is 30 days. Any term of incarceration imposed as a sanction must allow for early release to a treatment facility
    4. The court may extend the length of a probation sentence imposed under this section if the person on probation consents to the extension. The total term of probation may not exceed five years.
    1. Notwithstanding ORS 137.545 (5)(a)(B) and 137.593, upon the court’s revocation of a sentence of probation imposed under this section, the court may impose as a revocation sentence up to 180 days’ incarceration. For any sentence of incarceration imposed under this paragraph, the court shall authorize early release to an inpatient or outpatient drug and alcohol treatment program as described in paragraph (b) of this subsection.
    2. Upon imposing a revocation sentence of incarceration under this subsection, the court shall commit the person to the custody of the supervisory authority under ORS 137.124. The county community corrections agency shall monitor when an inpatient or outpatient drug and alcohol treatment program becomes available for the person and shall notify the person when a program is available. In order to be released early to the program, the person must enter into a revocation release agreement subject to such conditions as determined by the county community corrections agency. If the person violates the terms of the revocation release agreement, the county community corrections agency may cause the person to return to jail to serve the remainder of the incarceration sentence originally imposed.
    3. When a person has been released to an inpatient or outpatient drug and alcohol treatment program under paragraph (b) of this subsection, each day that the person is in the community and subject to the revocation release agreement shall count toward the total term of incarceration imposed as a revocation sentence.
    4. When imposing a revocation sentence of incarceration under this section, the court shall order, and may not deny, that the person receive credit for time served for any day that the person was previously incarcerated on the charge.
SECTION 36: DEFLECTION PROGRAMS
  1. Law enforcement agencies in this state are encouraged to, in lieu of citation or arrest, or after citation or arrest but before referral to the district attorney, refer a person to a deflection program when the person is suspected of committing, or has been cited or arrested for, unlawful possession of a controlled substance constituting a drug enforcement misdemeanor under section 35 of this 2024 Act.
  2. District attorneys in this state are encouraged to divert for assessment, treatment and other services, in lieu of conviction, cases involving unlawful possession of a controlled substance constituting a drug enforcement misdemeanor under section 35 of this 2024 Act.
  3. If a deflection program is established, the program coordinator shall be responsible for providing notification that a person has completed the program to those entities responsible for sealing records under section 54 of this 2024 Act, including but not limited to law enforcement agencies, district attorneys and courts.
  4. As used in this section, “deflection program” has the meaning given that term in section 37 of this 2024 Act.
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