Arraignment and Pretrial Provisions

ORS 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 (Enforcement of restraining orders) 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]

See also annotations under ORS 140.160 in permanent edition.

Notes of Decisions

Defendant who left courtroom after sentencing, while waiting to be taken into custody, and who did not return, violated statutory general conditions of release agreement. State v. Johnson, 66 Or App 123, 672 P2d 1249 (1983)

"Discharged" refers to defendant's discharge from custody upon dismissal of case. State v. Tally, 184 Or App 715, 57 P3d 592 (2002)

Law Review Citations

53 OLR 296-299 (1974)

§§ 135.250 to 135.265

See annotations under ORS 140.100 in permanent edition.

§§ 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