ORS 419C.230 Formal accountability agreements; when appropriate; consultation with victim

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.

Notwithstanding subsection (1) of this section, unless authorized by the district attorney, a formal accountability agreement may not be entered into when the youth:

Is alleged to have committed an act that if committed by an adult would constitute:

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

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

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.

The juvenile department must consult the victim before entering into a formal accountability agreement if:

The victim has requested consultation in plea negotiations; and

The formal accountability agreement involves an alleged act that if committed by an adult would constitute a violent felony.

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.

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.