Arraignment and Pretrial Provisions

ORS 135.245
Release decision

(1)

Except as provided in ORS 135.240 (Releasable offenses), a person in custody has the right to immediate security release or to be taken before a magistrate without undue delay. If the person is not released under ORS 135.270 (Taking of security), or otherwise released before arraignment, the magistrate shall advise the person of the right of the person to a security release as provided in ORS 135.265 (Security release).

(2)

If a person in custody does not request a security release at the time of arraignment, the magistrate shall make a release decision regarding the person within 48 hours after the arraignment.

(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 impose either conditional release or security release.

(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 (Victim to be notified of constitutional rights), 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 (Informing defendant as to use of name in accusatory instrument) and 135.065 (Name used in further proceedings), 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 (Security release) except that the magistrate shall require the person to deposit the full security amount set by the magistrate.

(7)

This section shall be liberally construed to carry out the purpose of relying upon criminal sanctions instead of financial loss to assure 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]

See also annotations under ORS 140.030, 140.040, 140.050 and 140.150 in permanent edition.

Notes of Decisions

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)

Law Review Citations

51 OLR 652, 662 (1972); 53 OLR 275, 279, 283, 286, 300-302, 304, 307, 309 (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

REMOVE ADS