Oregon court rules & publisher orders

PJO 24-006 Pretrial Release (Am1) — physical PDF page 3

PJO 24-006 Pretrial Release (Am1) · physical PDF page 3 ·

Presiding Judge Order 24-006 (Amendment 1) Page 3 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 from delegatory of Authority from the Pr esiding Judge pursuant to ORS 1.171(4), hereby made, and ratifying all previous appointment from oral delegations made. 1) The Trial Court Administrator will ensure that the RAO’s are properly trained in release procedure and procedures rela ted to release criteria and processes in Oregon. 2) Any records pertaining to RAO’s are protected and exempt from disclosure under Title 19, Oregon Revised Statures, in particular ORS 192.355. II) DEFINITIONS A) Cite and Release for Arrest Warrants (ORS 133.110 and ORS 133.055). The court may issue a warrant for non-appearance upon probable cause and may in issuing the warrant authorize law enforcement to issue and serve a criminal citation in lieu of arrest and are tantamount to “personal recognizance” release. These warrants state in lieu of security “Cit e and Release” or similar wo…

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PJO 24-006 Pretrial Release (Am1) — physical PDF page 12

PJO 24-006 Pretrial Release (Am1) · physical PDF page 12 ·

Attachment 1 to PJO 24‐006 STEP 1: AUTHORIZATION AND CRITERIA FOR PRETRIAL RELEASE Persons charged with the following offenses are to be released on recognizance, released on conditions, or held for arraignment subject to application of overriding circumstances described below. GUIDELINE RELEASE TYPE OFFENSE TYPE 1 Release on personal recognizance on a release agreement with the general conditions in ORS 135.250  Any non‐person misdemeanor, except those listed in Guideline 2 or 3;  Any non‐person Class C felony, except those listed in Guideline 2 or 3;  Any driving while suspended offense defined in ORS 811.182 except for aggravated driving while suspended as defined in ORS 163.196; and  Any other offense that is not listed in Guideline 2 or 3 2 Release on conditions specified below as imposed by the court all defendants charged with  Any non‐domestic violence person misdemeanor, as defined in OAR 213‐ 003‐0001(15);  Any driving under the influence of intoxicants (DUII) offense; …

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PJO 24-006 Pretrial Release (Am1) — physical PDF page 4

PJO 24-006 Pretrial Release (Am1) · physical PDF page 4 ·

Presiding Judge Order 24-006 (Amendment 1) Page 4 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1) Policy. The court encourages law enforcement on contact to determine if Cite and Release is reasonable under the totality of the circumstances. While there is a presumption that defendants are entitled to release on personal recognizance on condition that they attend all required court proceedings and they do not commit any criminal offense, the court removes that presumption upon the arrest and jail book-in for the purposes of release from the jail. D) “Security release” (ORS 135.265) Security is set only by the Judge. (1) If the defendant is not released on personal recognizance under ORS 135.255, or granted conditional release under ORS 135.260, 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 …

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PJO 24-006 Pretrial Release (Am1) — physical PDF page 14

PJO 24-006 Pretrial Release (Am1) · physical PDF page 14 ·

Attachment 1 to PJO 24‐006 STEP 2: CRITERIA FOR OVERRIDING CIRCUMSTANCES: Overriding circumstances should not be used to move entire offenses to a new guideline category but may apply to a narrower subset of factual circumstances that may constitute an offense. OVERRIDING CIRCUMSTANCES CATEGORY 1 CHARGE CATEGORY 2 CHARGE CATEGORY 3 CHARGE Moderate or High‐Risk Score (Risk Assessment Tool) Move to Category 2 or Category 3 Move to Category 3 OR enhanced conditions One or more DUII arrests in the last 48 hours Move to Category 3 Individual is unable to comprehend the release process or participate in the release assessment process Hold for arraignment, first appearance, or a release decision under ORS 135.235(3)(b) A direct threat of violence to a victim, law enforcement officer, or anyone else connected with the case Hold for arraignment, first appearance, or a release decision under ORS 135.235(3)(b) Any violation of a court order Hold for arraignment, first appearance, or a release dec…

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PJO 24-006 Pretrial Release (Am1) — physical PDF page 1

PJO 24-006 Pretrial Release (Am1) · physical PDF page 1 ·

Presiding Judge Order 24-006 (Amendment 1) Page 1 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN THE SIXTH JUDICIAL DISTRICT OF THE STATE OF OREGON CIRCUIT COURTS OF UMATILLA AND MORROW COUNTIES In the Matter of Pretrial Release and Release Assistance Officers pursuant to SB 48, ORS 135.235 and Chief Justice Order No. 22-010 No. 24-006 (Amendment 1) PRESIDING JUDGE ORDER RE: STANDING PRETRIAL RELEASE ORDER (ORS 135.233) THIS PRESIDING JUDGE ORDER REPLACES PJO 24-006 Summary of Effect: This Order replaces PJO 24-006, PJO 23-006 (Amendment 1), and all previous PJOs related to Pretrial Rele ase. All arrests result in either Cite & Release or Arrest and commitment to the Jail pending release decision based on this Presiding Judge Order and subsequent Judicial decision. This PJO now contains newly adopted subsections in Guideline 3, specific ally subsection F and subsection G, which have shifted the previous versions subsection F in Guideline 3 to now be subse…

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PJO 24-006 Pretrial Release (Am1) — physical PDF page 2

PJO 24-006 Pretrial Release (Am1) · physical PDF page 2 ·

Presiding Judge Order 24-006 (Amendment 1) Page 2 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1) Section 2 of Oregon Laws 2021, Chapter 643, now codified are ORS 135.233, requires the following: The Presiding Judge of a judicial dist rict shall enter a standing pretrial release order, specifying to the sheriff of the county, or to the entity supervising the local correctional fa cility responsible for pretrial incarceration within the judicial district, both the persons who are and the offenses that are: (a) Subject to release on recognizance; (b) Subject to release with special conditions of release; and (c) Not eligible for release until arraignment. 2) Herein Special Conditions of release as defined in SB 48 includes ‘enhanced’ and special release conditions as descri bed in this order and its attachments, including Attachment 2 the court’s standard form for release conditions. 3) In turn, the Chief Justice issued guidelines for Presiding Judge pretria…

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Captured 2026-10-18T22:32:44.067349+00:00 · Publisher library classifies this order CURRENT on retrieval; operative status, amendments, rescissions and case applicability have not been independently legally reviewed.

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PJO 24-006 Pretrial Release (Am1) — physical PDF page 6

PJO 24-006 Pretrial Release (Am1) · physical PDF page 6 ·

Presiding Judge Order 24-006 (Amendment 1) Page 6 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 criteria, for conditional releases for offenses not otherwise prohibited by statute or herein (ORS 135.235) and determining releas e risk. If a defendant is subject to a matrix release, then if the RAO is available, then the RAO shall perform the release function, and prioritize that action to effect the overcapacity release. IV) ORDERS IT IS HEREBY ORDERED AS FOLLOWS: As described in Attachment 1 and subject to the extraordinary circumstances described in Attachment 1: A) Guideline 1 1) The Sheriff or RAO shall release on recognizance with a release agreement with the general conditions in ORS 135. 250, all defendants charged with the following offenses: (a) Any non-person misdemeanor, except those offenses listed in Guidelines 2 or 3 below; (b) Any non-person Class C felony, except those offenses listed in Guidelines 2 or 3 below; (c) Any driving while suspende…

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PJO 24-006 Pretrial Release (Am1) — physical PDF page 9

PJO 24-006 Pretrial Release (Am1) · physical PDF page 9 ·

Presiding Judge Order 24-006 (Amendment 1) Page 9 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3) In Attachment 1, Step 2 includes a chart of overriding circumstances to be considered and if a defendant meets the criteria of the overriding circumstance, the action that should be taken regarding the release decision. (a) Overriding circumstances should not be used to move entire offenses to a new guideline category but may appl y to a narrower subset of factual circumstances that may constitute an offense. 4) In Attachment 1, Step 3 assesses enhanced conditions of release. These enhanced conditions of release shall be used if, after identifying the charge and release category it is determined th at there are overriding circumstances which require enhanced conditions of release. E) Warrants 1) The security amount on a Warrant is to be maintained and there are no releases on Warrants issued except as allowed herein. Cite and Releases are authorized only up to…

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