ORS 135.242
Security release for certain methamphetamine offenses


(1)

When a defendant is charged with an offense described in subsection (7) of this section, the court may not release the defendant on any form of release other than a security release and shall set a security amount of not less than $500,000 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 that the defendant will:

(A)

Fail to appear in court at all appropriate times;

(B)

Commit a new criminal offense; or

(C)

Pose a threat to the reasonable protection of the public.

(2)

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.

(3)

At the release hearing, unless the state stipulates to the setting of a security amount less than $500,000, the court shall make the inquiry set forth in subsection (1) of this section. The state has the burden of producing evidence at the release hearing subject to ORS 40.015 (Rule 101. Applicability of Oregon Evidence Code) (4).

(4)

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.

(5)

If the court determines that the defendant is eligible for a security amount of less than $500,000, the court shall reduce the security amount to an amount not less than $50,000 and may set other appropriate conditions of release.

(6)

When a defendant who has been released after posting the security amount described in subsection (5) of this section 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 impose a security amount of not less than $500,000.

(b)

Does not constitute a new criminal offense, the court may order the defendant to be taken back into custody, may order the defendant held pending trial and may set a security amount of not less than $250,000.

(7)

The offenses to which subsection (1) of this section applies are:

(a)

Manufacture of methamphetamine under ORS 475.886 (Unlawful manufacture of methamphetamine).

(b)

Manufacture of methamphetamine within 1,000 feet of a school under ORS 475.888 (Unlawful manufacture of methamphetamine within 1,000 feet of school).

(c)

Delivery of methamphetamine within 1,000 feet of a school under ORS 475.892 (Unlawful delivery of methamphetamine within 1,000 feet of school).

(d)

Delivery of methamphetamine under ORS 475.890 (Unlawful delivery of methamphetamine) if the delivery involves:

(A)

Substantial quantities of methamphetamine under ORS 475.900 (Crime category classification) (1)(a)(C); or

(B)

A commercial drug offense under ORS 475.900 (Crime category classification) (1)(b).

(e)

Delivery of methamphetamine to a minor under ORS 475.906 (Penalties for unlawful delivery to minors).

(8)

Nothing in this section affects the ability of a county court or board of commissioners of a county to adopt or implement a jail capacity limit and action plan under ORS 169.042 (Maximum facility population) to 169.046 (Notice of county jail population emergency). [2008 c.52 §1]
§§ 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
May. 15, 2020