(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]