(a) Pretrial discovery, including:
(A) The process for obtaining discovery.
(B) Compliance with discovery obligations required by Oregon and federal law.
(C) Existing agreements with law enforcement agencies on data retention and data sharing.
(D) Costs charged for discovery materials.
(b) Prosecutorial ethics, including compliance with the rules of professional conduct adopted under ORS 9.490.
(c) Confidentiality, including obtaining and handling confidential information.
(d) The use of certified law students.
(e) Charging decisions concerning:
(A) Driving under the influence of intoxicants under ORS 813.010 or 813.011.
(B) Controlled substance crimes.
(C) The aggregation of property offenses under ORS 164.043, 164.045, 164.055, 164.057, 164.061, 164.098, 164.125, 164.140, 164.367, 165.013, 165.055, 165.694 or 165.803.
(D) Crimes constituting domestic violence as defined in ORS 135.230.
(E) Misdemeanor crimes.
(F) Crimes requiring mandatory minimum sentences.
(f) The decision whether to present evidence for purposes of seeking the death penalty under ORS 163.150.
(g) Plea offers.
(h) Civil compromise under ORS 135.703 to 135.709.
(i) Diversion programs.
(j) Requests for the imposition of fines and fees, including attorney fees for appointed counsel.
(k) If an early disposition program exists in the county, eligibility and standard disposition recommendations.
(L) If any treatment court exists in the county, eligibility and standard disposition recommendations.
(m) If any pre-arrest diversion program exists in the county, eligibility.
(n) The consideration of collateral consequences of conviction, including immigration consequences.
(o) Sentencing programs, including alternative incarceration programs, conditional release, work release, earned sentence reductions and short-term transitional leave.
(p) The filing of an affidavit and motion for change of judge under ORS 14.260.
(q) Victim engagement and involvement, including but not limited to involvement in charging decisions.
(r) Pretrial release under ORS 135.230 to 135.290, including the amount of security release requested for charged offenses and objections to release.
(s) Guilty except for insanity dispositions.
(2) The district attorney shall ensure that the policies described in subsection (1) of this section are available to the public on the district attorney’s website.
(3) No later than five years after the initial adoption of the policies described in subsection (1) of this section, and every five years thereafter, the district attorney shall:
(a) Review the policies, make revisions to the policies as necessary and readopt the policies; and
(b) Make the revised policies available to the public on the district attorney’s website. [2019 c.446 §1; 2021 c.329 §1]
Note: 8.705 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 8 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note: Section 2, chapter 329, Oregon Laws 2021, provides:
Sec. 2. The district attorney of each county shall, no later than December 1, 2022, revise the policies required by ORS 8.705 to include the policies described in ORS 8.705 (1)(s), readopt the revised policies and make the revised policies available to the public. [2021 c.329 §2]