Oregon Statutes 419C.230 – Formal accountability agreements; when appropriate; consultation with victim
(1) A formal accountability agreement may be entered into when a youth has been referred to a county juvenile department, and a juvenile department counselor has probable cause to believe that the youth may be found to be within the jurisdiction of the juvenile court for one or more acts specified in ORS § 419C.005.
Terms Used In Oregon Statutes 419C.230
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(2) Notwithstanding subsection (1) of this section, unless authorized by the district attorney, a formal accountability agreement may not be entered into when the youth:
(a) Is alleged to have committed an act that if committed by an adult would constitute:
(A) A felony sex offense under ORS § 163.355, 163.365, 163.375, 163.385, 163.395, 163.405, 163.408, 163.411, 163.425 or 163.427; or
(B) An offense involving the use or possession of a firearm, as defined in ORS § 166.210, or destructive device, as described in ORS § 166.382; or
(b) Is being referred to the county juvenile department for a second or subsequent time for commission of an act that if committed by an adult would constitute a felony.
(3) The juvenile department must consult the victim before entering into a formal accountability agreement if:
(a) The victim has requested consultation in plea negotiations; and
(b) The formal accountability agreement involves an alleged act that if committed by an adult would constitute a violent felony.
(4)(a) The juvenile department may not require the youth or youth’s parent or guardian to pay any fee, cost or surcharge as a requirement of a formal accountability agreement.
(b) Notwithstanding paragraph (a) of this subsection, a youth or the youth’s parent or guardian may pay fees or costs associated with participating in a program under this section through public or private insurance or by private means. [1993 c.33 § 189; 1995 c.422 § 74; 1999 c.577 § 8; 2007 c.609 § 19; 2021 c.597 § 20]