Security release
Source:
Section 135.265 — Security release, https://www.oregonlegislature.gov/bills_laws/ors/ors135.html.
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
Court may not use third party’s payment of security funds on defendant’s behalf as sole basis for finding that defendant has ability to pay court-ordered costs such as attorney fees if funds belong to third party. State v. Morales, 367 Or 222, 476 P3d 954 (2020)
Law Review Citations
53 OLR 275, 295, 311-318 (1974)
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