Arraignment and Pretrial Provisions

ORS 135.230
Definitions for ORS 135.230 to 135.290

As used in ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court), 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 (Sexual abuse in the third degree), 163.425 (Sexual abuse in the second degree) and 163.427 (Sexual abuse in the first degree).

(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 (Who are magistrates).

(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]

See also annotations under ORS 140.010 in permanent edition.

Notes of Decisions

In habeas corpus proceeding, considering seriousness of charges, Unlawful Possession of a Controlled Substance ([former] ORS 475.992) and Conspiracy to Deliver a Controlled Substance (ORS 161.450 and [former] ORS 475.992), plaintiff's lack of stable employment, personal relationships or strong ties to the community together with his admitted association with drug trafficking, required imposition of security for release. Liberman v. Burks, 293 Or 457, 650 P2d 83 (1982)

In habeas corpus proceeding, where charges against plaintiff were severe and likely to result in significant jail term if conviction resulted and plaintiff's ties to community were minimal and where court determined that plaintiff would be under enormous pressure to flee if released, security amount in excess of $200,000 was not excessive. Gillmore v. Pearce, 302 Or 572, 731 P2d 1039 (1987)

For purposes of determining whether persons are family or household members, "cohabitating" means persons live in same residence in relationship similar to spousal relationship. State ex rel Juvenile Department v. C.M.C., 243 Or App 335, 259 P3d 938 (2011)

Law Review Citations

53 OLR 275, 280, 283, 293-295, 316, 326 (1974)

§§ 135.230 to 135.290

See also annotations under ORS 135.190 in permanent edition.

Notes of Decisions

Enactment of these sections did not deprive bail bondsmen of their right to engage in the bail bond business, and did not violate the provisions of the Oregon or United States Constitutions. Burton v. Tomlinson, 19 Or App 247, 527 P2d 123 (1974)

The pretrial release provisions of ORS 135.230 to 135.290 do not violate Art. I, §14 of the Oregon Constitution. Burton v. Tomlinson, 19 Or App 247, 527 P2d 123 (1974)

No one may be released from custody without executing and filing release agreement with clerk of court. Knutson v. Cupp, 287 Or 489, 601 P2d 129 (1979)

Atty. Gen. Opinions

Security release deposits as bail, (1979) Vol 40, p 139

Law Review Citations

53 OLR 273-337 (1974); 66 OLR 661 (1987)

Source

Last accessed
Jun. 26, 2021

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