Title 135 · ORS Chapter 135

133.860; 2005 c.22 �108] RELEASE OF DEFENDANT �� 135.230 Definitions for ORS 135.230 to 135.290. As used in ORS 135.230 to 135.290, unless the context requires otherwise: �� (1) �Abuse�

Citation: ORS 133.860

Section: 133.860

133.860; 2005 c.22 �108]

RELEASE OF DEFENDANT

�� 135.230 Definitions for ORS 135.230 to 135.290. As used in ORS 135.230 to 135.290, unless the context requires otherwise:

�� (1) �Abuse� means:

�� (a) Attempting to cause or intentionally, knowingly or recklessly causing physical injury;

�� (b) Intentionally, knowingly or recklessly placing another in fear of imminent serious physical injury; or

�� (c) Committing sexual abuse in any degree as defined in ORS 163.415, 163.425 and 163.427.

�� (2) �Conditional release� means a nonsecurity release which imposes regulations on the activities and associations of the defendant.

�� (3) �Domestic violence� means abuse between family or household members.

�� (4) �Family or household members� means any of the following:

�� (a) Spouses.

�� (b) Former spouses.

�� (c) Adult persons related by blood or marriage.

�� (d) Persons cohabiting with each other.

�� (e) Persons who have cohabited with each other or who have been involved in a sexually intimate relationship.

�� (f) Unmarried parents of a minor child.

�� (5) �Magistrate� has the meaning provided for this term in ORS 133.030.

�� (6) �Personal recognizance� means the release of a defendant upon the promise of the defendant to appear in court at all appropriate times.

�� (7) �Primary release criteria� includes the following:

�� (a) The reasonable protection of the victim or public;

�� (b) The nature of the current charge;

�� (c) The defendant�s prior criminal record, if any, and, if the defendant previously has been released pending trial, whether the defendant appeared as required;

�� (d) Any facts indicating the possibility of violations of law if the defendant is released without regulations; and

�� (e) Any other facts tending to indicate that the defendant is likely to appear.

�� (8) �Release� means temporary or partial freedom of a defendant from lawful custody before judgment of conviction or after judgment of conviction if defendant has appealed.

�� (9) �Release agreement� means a sworn writing by the defendant stating the terms of the release and, if applicable, the amount of security.

�� (10) �Release decision� means a determination by a magistrate, using primary and secondary release criteria, which establishes the form of the release most likely to ensure the safety of the public and the victim, the defendant�s court appearance and that the defendant does not engage in domestic violence while on release.

�� (11) �Secondary release criteria� includes the following:

�� (a) The defendant�s employment status and history and financial condition;

�� (b) The nature and extent of the family relationships of the defendant;

�� (c) The past and present residences of the defendant;

�� (d) Names of persons who agree to assist the defendant in attending court at the proper time; and

�� (e) Any facts tending to indicate that the defendant has strong ties to the community.

�� (12) �Security release� means a release conditioned on a promise to appear in court at all appropriate times which is secured by cash, stocks, bonds or real property.

�� (13) �Surety� is one who executes a security release and binds oneself to pay the security amount if the defendant fails to comply with the release agreement. [1973 c.836 �146; 1993 c.731 �4; 1997 c.313 �18]

�� 135.233 Standing pretrial release orders; guidelines for orders. (1) The presiding judge of a judicial district shall enter a standing pretrial release order specifying to the sheriff of the county, or to the entity supervising the local correctional facility responsible for pretrial incarceration within the judicial district, those persons and offenses:

�� (a) Subject to release on recognizance;

�� (b) Subject to release with special conditions as specified in the order; and

�� (c) That are not eligible for release until arraignment.

�� (2) The Chief Justice of the Supreme Court, with input from a criminal justice advisory committee appointed by the Chief Justice, shall establish release guidelines for the pretrial release orders described in this section to:

�� (a) Provide consistent release decision-making structure across the state;

�� (b) Reduce reliance on the use of security;

�� (c) Include provisions for victim notification and input; and

�� (d) Balance the rights of the defendant and presumption of pretrial release against community and victim safety and the risk of failure to appear. [2021 c.643 �2]

�� 135.235 Release assistance officers; appointment; duties. (1) A presiding judge for a judicial district may appoint release assistance officers under a personnel plan established by the Chief Justice of the Supreme Court.

�� (2) A release assistance officer shall, except when impracticable, interview every person detained pursuant to law and charged with an offense. If the person is charged with a person felony or person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission, or with contempt of court for violating a court order protecting or prohibiting contact with another person, the release assistance officer shall make reasonable efforts to contact the victim prior to submitting a report or making a release decision under subsection (3) of this section. If the release assistance officer is able to contact the victim:

�� (a) Information regarding the victim�s position on release, including whether special release conditions should be imposed, must be included in the report described in subsection (3) of this section, and considered by the release assistance officer if the officer makes the release decision; and

�� (b) If the information is available, the release assistance officer shall inform the victim of the location, date and time of the defendant�s arraignment or other first appearance.

�� (3) The release assistance officer shall verify release criteria information and may either:

�� (a) Timely submit a written report to the magistrate containing, but not limited to, an evaluation of the release criteria and a recommendation for the form of release; or

�� (b) If delegated release authority by the presiding judge for the judicial district, make the release decision.

�� (4) As used in this section, �victim� means an individual that the charging instrument indicates is the victim of the alleged offense or the person protected by the court order, whether or not the individual is specifically named, so long as the release assistance officer is able to confirm the identity of the individual. [1973 c.836 �147; 1981 s.s. c.3 �37; 1995 c.781 �40; 2021 c.643 �3]

�� 135.240 Releasable offenses. (1) Except as provided in subsections (2) and (4) of this section, a defendant shall be released in accordance with ORS 135.230 to 135.290.

�� (2)(a) When the defendant is charged with murder, aggravated murder or treason, release shall be denied when the proof is evident or the presumption strong that the person is guilty.

�� (b) When the defendant is charged with murder or aggravated murder and the proof is not evident nor the presumption strong that the defendant is guilty, the court shall determine the issue of release as provided in subsection (4) of this section. In determining the issue of release under subsection (4) of this section, the court may consider any evidence used in making the determination required by this subsection.

�� (3) The magistrate may conduct such hearing as the magistrate considers necessary to determine whether, under subsection (2) of this section, the proof is evident or the presumption strong that the person is guilty.

�� (4)(a) When the defendant is charged with a violent felony, release shall be denied if the court finds:

�� (A) Except when the defendant is charged by indictment, that there is probable cause to believe that the defendant committed the crime; and

�� (B) By clear and convincing evidence, that there is a danger of physical injury or sexual victimization to the victim or members of the public by the defendant while on release.

�� (b) If the defendant wants to have a hearing on the issue of release, the defendant must request the hearing at the time of arraignment in circuit court. If the defendant requests a release hearing, the court must hold the hearing within five days of the request.

�� (c) At the release hearing, unless the state stipulates to the setting of security or release, the court shall make the inquiry set forth in paragraph (a) of this subsection. The state has the burden of producing evidence at the release hearing subject to ORS 40.015 (4).

�� (d) The defendant may be represented by counsel and may present evidence on any relevant issue. However, the hearing may not be used for purposes of discovery.

�� (e) If the court determines that the defendant is eligible for release in accordance with this subsection, the court shall set security or other appropriate conditions of release.

�� (f) When a defendant who has been released violates a condition of release and the violation:

�� (A) Constitutes a new criminal offense, the court shall cause the defendant to be taken back into custody and shall order the defendant held pending trial without release.

�� (B) Does not constitute a new criminal offense, the court may order the defendant to be taken back into custody and may order the defendant held pending trial or may make a new release decision.

�� (5) For purposes of this section, �violent felony� means a felony offense in which there was an actual or threatened serious physical injury to the victim, or a felony sexual offense. [1973 c.836 �148; 1997 c.313 �19; 2001 c.104 �45; 2007 c.194 �1; 2007 c.879 �9; 2021 c.643 �4]

�� 135.242 [2008 c.52 �1; 2021 c.591 �45; repealed by 2021 c.643 �7]

�� 135.245 Release decision. (1) Except as provided in ORS 135.240, a person in custody has the right to be taken before a magistrate without undue delay.

�� (2)(a) A magistrate shall make a release decision at the time of arraignment or other first appearance after the defendant is taken into custody unless good cause to postpone the release decision is shown, in which case a release hearing shall be held pursuant to subsection (7) of this section.

�� (b) The district attorney shall make reasonable efforts to inform the victim of the location, date and time of the arraignment or other first appearance and to determine if the victim is present at the arraignment or appearance. If the victim is present, the victim has the right to reasonably express any views relevant to the issues at the appearance.

�� (c) As used in this subsection, �good cause� includes circumstances in which:

�� (A) The district attorney plans to seek preventative detention; or

�� (B) There is a reasonable belief that additional evidence exists and would be relevant to the release decision, but is not currently available.

�� (3) If the magistrate, having given priority to the primary release criteria, decides to release a defendant or to set security, the magistrate shall impose the least onerous condition reasonably likely to ensure the safety of the public and the victim and the person�s later appearance and, if the person is charged with an offense involving domestic violence, ensure that the person does not engage in domestic violence while on release. A person in custody, otherwise having a right to release, shall be released upon the personal recognizance unless:

�� (a) Release criteria show to the satisfaction of the magistrate that such a release is unwarranted; or

�� (b) Subsection (6) of this section applies to the person.

�� (4) Upon a finding that release of the person on personal recognizance is unwarranted, the magistrate shall proceed to consider conditional release under ORS 135.260. Only after determining that conditional release is unwarranted, or if otherwise required by ORS 135.230 to 135.290, may the magistrate proceed to consider security release under ORS 135.265.

�� (5) At the release hearing:

�� (a) The district attorney has a right to be heard in relation to issues relevant to the release decision; and

�� (b) The victim has the right:

�� (A) Upon request made within the time period prescribed in the notice required by ORS 147.417, to be notified by the district attorney of the release hearing;

�� (B) To appear personally at the hearing; and

�� (C) If present, to reasonably express any views relevant to the issues before the magistrate.

�� (6) If a person refuses to provide a true name under the circumstances described in ORS 135.060 and 135.065, the magistrate may not release the person on personal recognizance or on conditional release. The magistrate may release the person on security release under ORS 135.265 except that the magistrate shall require the person to deposit the full security amount set by the magistrate.

�� (7)(a) After the postponement of a release decision under subsection (2) of this section, upon the request of either party, or upon the magistrate�s own motion, the magistrate shall make a release decision or reconsider the release decision, as applicable, at a release hearing. The release hearing must be held within 48 hours of arraignment or other first appearance after the defendant is taken into custody unless both parties agree, or the court finds good cause, to hold the hearing at a later time. Under no circumstances may the release hearing be held more than five days after arraignment or other first appearance after the defendant is taken into custody unless the defendant consents to holding the hearing at a later time.

�� (b) A hearing held under this subsection may not be used for purposes of discovery.

�� (8) This section shall be liberally construed to carry out the purpose of relying upon criminal sanctions instead of financial loss to ensure the appearance of the defendant. [1973 c.836 �149; 1993 c.731 �5; 1997 c.313 �20; 2003 c.645 �6; 2009 c.178 �27; 2021 c.643 �5]

�� 135.246 Release conditions related to medical use of cannabis. (1) As used in this section, �cannabinoid concentrate,� �cannabinoid extract,� �medical cannabinoid product,� �registry identification card� and �usable marijuana� have the meanings given those terms in ORS 475C.777.

�� (2) If a person who holds a registry identification card is released under ORS 135.230 to