Diversion Early Case Resolution (DECR) is a criminal court program that allows eligible crime free defendants an opportunity to have their criminal charges dismissed if they successfully complete the program. At arraignment, the defendant will be informed if his or her case is eligible for DECR. If the defendant chooses to enter DECR, he or she must plead guilty to the crime at or near arraignment.
The DECR program is one year and a defendant must complete all requirements in that year to have their case dismissed. To successfully complete the program, a defendant must: remain crime free for the diversion term, have no contact with the victim of their crime, complete community service, and pay any requested restitution.
A defendant is eligible for DECR if he or she is charged with any of the following crimes and the State finds that a diversion is in the interests of justice and benefit to the defendant and the community:
- Criminal Mischief in the Third Degree
- Criminal Mischief in the Second Degree
- Disorderly Conduct 2
- Interfering with Public Transportation
- Theft in the Third Degree
- Theft in the Second Degree
To qualify, a defendant cannot:
- Have been in a prior diversion under ORS 137.533 or ORS 135.881
- Have been convicted of any offense in any jurisdiction
- Have taken advantage of a conditional discharge under ORS 475.245
- Have had a prior violation on a crime of a similar nature
- Have had a prior civil compromise
- Fail to appear at arraignment or any DECR setover appearances
