Title 135 · ORS Chapter 135
135.290, any release conditions related to the use of usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts must be imposed in the same manner as would be im
Citation: ORS 135.290
Section: 135.290
135.290, any release conditions related to the use of usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts must be imposed in the same manner as would be imposed release conditions related to prescription drugs. [2016 c.24 �53b; 2019 c.292 �6]
����� 135.247 Order prohibiting contact with victim of sex crime, crime involving bias or domestic violence. (1) When a release assistance officer makes a release decision under ORS 135.235 involving a defendant charged with a sex crime, a crime involving bias or a crime constituting domestic violence, the release assistance officer shall include in the decision an order that the defendant be prohibited from contacting or attempting to contact the victim, either directly or through a third party, while the defendant is in custody. The release assistance officer shall provide the defendant with a written copy of the order.
����� (2) When a defendant who is charged with a sex crime, a crime involving bias or a crime that constitutes domestic violence is arraigned, the court shall enter an order continuing an order issued under subsection (1) of this section or, if no such order has been entered, enter an order prohibiting the defendant from contacting or attempting to contact the victim, either directly or through a third party, while the defendant is in custody.
����� (3) Except as provided in subsection (4) of this section, an order described in subsection (1) or (2) of this section:
����� (a) Shall apply at any time during which the defendant is held in custody on the charge; and
����� (b) Shall remain valid until the defendant is sentenced for the crime, the charge is dismissed or the defendant is acquitted of the crime.
����� (4) Upon petition of the victim, the court may enter an order terminating an order entered under subsection (1) or (2) of this section if the court finds, after a hearing on the petition, that terminating the order is in the best interests of the parties and the community.
����� (5) An order described in subsection (1) or (2) of this section shall not limit contact with the victim by the defense attorney, or an agent of the defense attorney other than the defendant, in the manner prescribed by ORS 135.970 (2).
����� (6) As used in this section:
����� (a) �Crime involving bias� means intimidation by display of a noose under ORS 163.191, bias crime in the second degree under ORS 166.155 or bias crime in the first degree under ORS 166.165.
����� (b) �Domestic violence� has the meaning given that term in ORS 135.230.
����� (c) �Sex crime� has the meaning given that term in ORS 163A.005. [2011 c.232 �1; 2015 c.264 �1; 2021 c.643 �6; 2023 c.549 �5]
����� Note: 135.247 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
����� 135.250 General conditions of release agreement. (1) If a defendant is released before judgment, the conditions of the release agreement shall be that the defendant will:
����� (a) Appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until the defendant is discharged or the judgment is entered;
����� (b) Submit to the orders and process of the court;
����� (c) Not depart this state without leave of the court; and
����� (d) Comply with such other conditions as the court may impose.
����� (2)(a) In addition to the conditions listed in subsection (1) of this section, if the defendant is charged with an offense that also constitutes domestic violence, the court shall include as a condition of the release agreement that the defendant not contact the victim of the violence.
����� (b) Notwithstanding paragraph (a) of this subsection, the court may enter an order waiving the condition that the defendant have no contact with the victim if:
����� (A) The victim petitions the court for a waiver; and
����� (B) The court finds, after a hearing on the petition, that waiving the condition is in the best interests of the parties and the community.
����� (c) If the defendant was provided notice and an opportunity to be heard, the court shall also include in the agreement, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the defendant�s ability to possess firearms and ammunition or engage in activities involving firearms.
����� (d) ORS 107.720 applies to release agreements executed by defendants charged with an offense that constitutes domestic violence, except that proof of service of the release agreement is not required and the agreement may not be terminated at the request of the victim without a hearing. [1973 c.836 �150; 1991 c.111 �10; 1993 c.731 �6; 1999 c.617 �3; 2013 c.151 �2]
����� 135.252 [2016 c.24 �53f; repealed by 2019 c.292 �10]
����� 135.253 Waiver of appearance at trial as release condition prohibited. (1) The court may not condition a defendant�s release on the defendant�s waiver of appearance in person at trial.
����� (2) A release agreement may not contain a provision prohibited by subsection (1) of this section. [2018 c.37 �4]
����� 135.255 Release agreement. (1) The defendant shall not be released from custody unless the defendant files with the clerk of the court in which the magistrate is presiding a release agreement duly executed by the defendant containing the conditions ordered by the releasing magistrate or deposits security in the amount specified by the magistrate in accordance with ORS 135.230 to 135.290.
����� (2) A failure to appear as required by the release agreement shall be punishable as provided in ORS 162.195 or 162.205.
����� (3) �Custody� for purposes of a release agreement does not include temporary custody under the citation procedures of ORS 133.055 to 133.076. [1973 c.836 �151]
����� 135.260 Conditional release. (1) Conditional release may include one or more of the following conditions:
����� (a) Release of the defendant into the care of a qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. The supervisor shall not be required to be financially responsible for the defendant, nor to forfeit money in the event the defendant fails to appear in court. The supervisor, however, shall notify the court immediately in the event that the defendant breaches the conditional release.
����� (b) Reasonable regulations on the activities, movements, associations and residences of the defendant, including, if the court finds it appropriate, restriction of the defendant to the defendant�s own residence or to the premises thereof.
����� (c) Release of the defendant from custody during working hours.
����� (d) Any other reasonable restriction designed to assure the defendant�s appearance.
����� (2) Except as otherwise provided in ORS 135.250 (2)(b), conditional release shall include a prohibition against contacting the victim if the defendant is charged with an offense that also constitutes domestic violence. [1973 c.836 �152; 1985 c.818 �1; 1993 c.731 �7]
����� 135.265 Security release. (1) If the defendant is not released on personal recognizance under ORS