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Section 135.415 – Criteria to be considered in plea discussions and plea agreements

May 14, 2021 | Criminal Procedure, Oregon

In determining whether to engage in plea discussions for the purpose of reaching a plea agreement, the district attorney may take into account, but is not limited to, any of the following considerations:

(1) The defendant by the plea of the defendant has aided in insuring the prompt and certain applications of correctional measures to the defendant.
(2) The defendant has acknowledged guilt and shown a willingness to assume responsibility for the conduct of the defendant.
(3) The concessions made by the state will make possible alternative correctional measures which are better adapted to achieving rehabilitative, protective, deterrent or other purposes of correctional treatment, or will prevent undue harm to the defendant from the form of conviction.
(4) The defendant has made public trial unnecessary when there are good reasons for not having the case dealt with in a public trial.
(5) The defendant has given or offered cooperation when the cooperation has resulted or may result in the successful prosecution of other offenders engaged in equally serious or more serious criminal conduct.
(6) The defendant by the plea of the defendant has aided in avoiding delay in the disposition of other cases and thereby has increased the probability of prompt and certain application of correctional measures to other offenders.

ORS 135.415

1973 c.836 ยง171