(1) Law enforcement agencies in this state are encouraged to, in lieu of citation or arrest, or after citation or arrest but before referral to the district attorney, refer a person to a deflection program when the person is suspected of committing, or has been cited or arrested for, unlawful possession of a controlled substance constituting a drug enforcement misdemeanor under ORS 475.896. (2) District attorneys in this state are encouraged to divert for assessment, treatment and other services, in lieu of conviction, cases involving unlawful possession of a controlled substance constituting a drug enforcement misdemeanor under ORS 475.896. (3) If a deflection program is established, the program coordinator shall be responsible for providing notification that a person has completed the program to those entities responsible for sealing records under ORS 137.224, including but not limited to a law enforcement agency, the district attorney and, if requested by the court, the circuit court. (4) As used in this section, deflection program has the meaning given that term in ORS 137.687. Note: 133.042 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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