Arraignment and Pretrial Provisions

ORS 135.265
Security release


(1)

If the defendant is not released on personal recognizance under ORS 135.255 (Release agreement), or granted conditional release under ORS 135.260 (Conditional release), or fails to agree to the provisions of the conditional release, the magistrate shall set a security amount that will reasonably assure the defendant’s appearance. The defendant shall execute the security release in the amount set by the magistrate.

(2)

The defendant shall execute a release agreement and deposit with the clerk of the court before which the proceeding is pending a sum of money equal to 10 percent of the security amount, but in no event shall such deposit be less than $25. The clerk shall issue a receipt for the sum deposited. Upon depositing this sum the defendant shall be released from custody subject to the condition that the defendant appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until discharged or final order of the court. Once security has been given and a charge is pending or is thereafter filed in or transferred to a court of competent jurisdiction the latter court shall continue the original security in that court subject to ORS 135.280 (Arrest warrant) and 135.285 (Modification of release decision). When conditions of the release agreement have been performed and the defendant has been discharged from all obligations in the cause, the clerk of the court shall return to the person shown by the receipt to have made the deposit, unless the court orders otherwise, 85 percent of the sum which has been deposited and shall retain as security release costs 15 percent, but not less than $5 nor more than $750, of the amount deposited. The interest that has accrued on the full amount deposited shall also be retained by the clerk. The amount retained by the clerk of a circuit court shall be paid over as directed by the State Court Administrator for deposit in the General Fund. The amount retained by a justice of the peace shall be deposited in the county treasury. The amount retained by the clerk of a municipal court shall be deposited in the municipal corporation treasury. At the request of the defendant the court may order whatever amount is repayable to defendant from such security amount to be paid to defendant’s attorney of record.

(3)

Instead of the security deposit provided for in subsection (2) of this section the defendant may deposit with the clerk of the court an amount equal to the security amount in cash, stocks, bonds, or real or personal property situated in this state with equity not exempt owned by the defendant or sureties worth double the amount of security set by the magistrate. The stocks, bonds, real or personal property shall in all cases be justified by affidavit. The magistrate may further examine the sufficiency of the security as the magistrate considers necessary. [1973 c.836 §153; 1979 c.878 §1; 1981 c.837 §1; 1981 s.s. c.3 §112; 1983 c.763 §44; 1987 c.905 §14; 2009 c.659 §§9,11; 2011 c.595 §§158,159]

See also annotations under ORS 140.110, 140.120, 140.130, 140.140, 140.150, 140.160, 140.310 and 140.320 in permanent edition.

Notes of Decisions

Deposit of document denoted "Personal Surety Bond," wherein surety undertook payment of $50,000 if defendant failed to make appearance as required, failed to constitute deposit with clerk of court of any property as required by this section. Knutson v. Cupp, 287 Or 489, 601 P2d 129 (1979)

Where defendant convicted of assault was ordered to make restitution and pay costs, it was within court's discretion under this section to retain defendant's security deposit for payment of judgment. State v. Grant, 44 Or App 671, 606 P2d 1166 (1980)

Security deposit provided by third party is regarded as belonging to defendant and may be withheld to pay obligations of defendant. State v. Grant, 44 Or App 671, 606 P2d 1166 (1980)

Trial court did not exceed statutory authority by imposing conditions on "security release agreement" that required defendant not to possess or consume alcoholic beverages and to report to Release Assistance Officer when directed so to do. Sexson v. Merten, 291 Or 441, 631 P2d 1367 (1981)

In habeas corpus proceeding where plaintiff had been charged with serious crimes, 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), and facts supported conclusion that security release should have been imposed, where plaintiff had had no prior convictions, had cooperated with police, charges were for nonviolent crimes and there was no evidence he had personal possession of large amounts of drugs or that he had substantial assets, imposition of three million dollar security amount was excessive. Liberman v. Burks, 293 Or 457, 650 P2d 83 (1982)

Writ of mandamus issued where defendant judge refused to release relator on personal recognizance or amount less than $200,000 because of concern over relator's mental condition and judge had expressed finding that he had no concern that relator would not appear if she were released. State ex rel Lowrey v. Merryman, 296 Or 254, 674 P2d 1173 (1984)

There is no authority for magistrate who has determined security amount to order that prior to release hearing be held as to source of money deposited for security. Cooper v. Burks, 299 Or 449, 702 P2d 1107 (1985)

Security deposit may be withheld to pay obligations of defendant unrelated to matter for which security was given. State v. Baker, 165 Or App 565, 998 P2d 700 (2000), Sup Ct review denied

Law Review Citations

53 OLR 275, 295, 311-318 (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