Oregon court rules & publisher orders

PJO 25-005 In the Matter of Pretrial Release by sheriff or entity supervising the local correctional facility — physical PDF page 1

PJO 25-005 In the Matter of Pretrial Release by sheriff or entity supervising the local correctional facility · physical PDF page 1 ·

IN THE CIRCUIT COURT OF THE STATE OF OREG bN5 SEP 30 A,i II: 39 FOR THE 12TH JUDICIAL DISTRICT POLK COUNTY In the Matter of Pretrial Release by sheriff or entity supervising the local correctional facility ) Presiding Judge Order ) No. 25-005 ) ) ORDER REGARDING PRETRIAL ) RELEASE IN POLK COUNTY WHEREAS , the 2021 Legislative assembly enacted Oregon Laws 2021 , Chapter 643 , initially introduced as Senate Bill 48 (2021) by the Oregon Criminal Justice Commission , to reduce the reliance on security release and provide statewide guidance for local pretrial release orders ; and WHEREAS , Section 2 of Oregon Laws 2021 , Chapter 643 , now codified as ORS 135.233 , requires the Presiding Judge of a judicial district shall enter a standing pretrial release order , specifying to the sheriff of the county , or to the entity supervising the local correctional facility responsible for pretrial incarceration within the judicial district , those person and the offenses that are: i. Subject to relea…

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PJO 25-005 In the Matter of Pretrial Release by sheriff or entity supervising the local correctional facility — physical PDF page 2

PJO 25-005 In the Matter of Pretrial Release by sheriff or entity supervising the local correctional facility · physical PDF page 2 ·

1. The Sheriff or Release Assistance Officer shall release on recognizance with a release agreement with the general conditions in ORS 135.250 all individuals charged with the following offenses: 1. Any non-person misdemeanor , except those offenses listed in Crime Categories 2 or 3, below; 2. Any non-person Class C felony , except those offenses listed in Crime Categories 2 or 3, below; 3. Any driving while suspended offense defined in ORS 811 .182, except for aggravated driving while suspended as defined in ORS 163.196; 4. Any contempt of court other than violation of a protective order or court-imposed no-contact order; and 5. Any other offense that is not included in Crime Categories 2 or 3, below. CRIME CATEGORY 2 2. The Sheriff or Release Assistance Officer shall release on court-imposed conditions , all individuals charged with the following offenses: a. Any non-domestic violence person misdemeanor , as defined in OAR 213-003-0001 (15); b. Any driving under the influence of into…

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PJO 25-005 In the Matter of Pretrial Release by sheriff or entity supervising the local correctional facility — physical PDF page 3

PJO 25-005 In the Matter of Pretrial Release by sheriff or entity supervising the local correctional facility · physical PDF page 3 ·

f. Any of the following Class B felony - controlled substance offences: 1. Manufacture of hydrocodone within 1,000 feet of a school, as defined in ORS 475.808; 11. Delivery of hydrocodone within 1,000 feet of a school, as defined in ORS 475.812 ; 111. Unlawful delivery of a Schedule Ill controlled substance to a minor, as defined in ORS 475.906(2); iv. Unlawful delivery of fentanyl, as defined in Oregon Laws 2025, chapter 532, section 3(2) (SB 236); v. Causing another person to ingest a controlled substance , as defined in ORS 475.908(1 ); v1. Applying a Schedule Ill controlled substance to the body of a minor, as defined in ORS 475.910(2); vii. Manufacture of methamphetamine, as defined in ORS 475.866; viii. Unlawful manufacture of fentanyl , as defined in Oregon Laws 2025, chapter 532, section 5 (SB 236); and ix. Distribution of equipment , solvent, reagent, or precursor substance with the intent to facilitate manufacture of controlled substance , as defined in ORS 475.962; g. The fo…

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PJO 25-005 In the Matter of Pretrial Release by sheriff or entity supervising the local correctional facility — physical PDF page 4

PJO 25-005 In the Matter of Pretrial Release by sheriff or entity supervising the local correctional facility · physical PDF page 4 ·

vii. Giving false information to a peace officer , as defined in ORS 807.620 and ORS 162.385; vII1. Escape in any degree , as defined in ORS 162.145, ORS 162.155 , and ORS 162.165; and unauthorized departure , as defined in ORS 162.175; ix. Fugitive from justice , as defined in ORS 133.747; x. Bias crime in the first degree , as defined in ORS 166.165; and x1. Tampering with a witness , as defined in ORS 162.285 xii. Violation of restraining order (FAPA , EPPDAPA , SAPO , or other court-imposed no-contact order) ; and xiii. Probation or Post-Prison Supervision violations . SECTION 2: CRITERIA FOR CONDITIONAL RELEASES: 4. In addition to the crimes listed in Crime Category 2, the following circumstances would lead to Special Conditions of Release: a. Any Category 1 offense with a named victim or location ; b. Any offense committed with a Co-Defendant ; c. The individual is visibly intoxicated at interview ; or d. Substance misuse is indicated in the Probable Cause Affidavit SECTION 3: CR…

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PJO 25-005 In the Matter of Pretrial Release by sheriff or entity supervising the local correctional facility — physical PDF page 5

PJO 25-005 In the Matter of Pretrial Release by sheriff or entity supervising the local correctional facility · physical PDF page 5 ·

6. Arresting officer checked the box on the Probable Cause Affidavit calling for a behavioral health evaluation; 7. Three convictions for the same charge within the last five years; 8. Arrest or conviction for the same charge within the last 30 days; 9. Individual is unable to comprehend the release process, participate in the release assessment process, or sign a release agreement ; 1 O. If the current charge is a property crime and the individual has a conviction for a property crime; 11. If the current charge is a trespass and the individual has a conviction for a trespass ; 12. A non-DV charge where the victim is a family or household member; 13. Any incident where the alleged victim is a peace or parole officer; 14.Any incident where the alleged victim is a minor; 15. The individual is subject to an active restraining order of court-imposed no-contact order; 16. If the individual is currently on a release agreement for another case in Polk County or elsewhere ; 17. Individual is a…

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PJO 25-005 In the Matter of Pretrial Release by sheriff or entity supervising the local correctional facility — physical PDF page 6

PJO 25-005 In the Matter of Pretrial Release by sheriff or entity supervising the local correctional facility · physical PDF page 6 ·

the Crime Category that the charge the individual is facing falls into. OJD's list is hereby incorporated into this Order. 8. Attached to this Order is Exhibit A, to be used in Step 2 which includes a chart of overriding circumstances, and what action should be taken if they apply. Exhibit A is hereby incorporated into this Order. 9. Attached to this Order is Exhibit B, which is a series of charts to be used in Step 2, to determine any required conditions of release. Exhibit B is hereby incorporated into this Order. This Presiding Judge Order supersedes all previous orders on the same subject and shall remain in effect until further Order of this Court. Dated this JO day of September , 2025. Norman R. Hill Presiding Judge

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PJO 25-005 In the Matter of Pretrial Release by sheriff or entity supervising the local correctional facility — physical PDF page 7

PJO 25-005 In the Matter of Pretrial Release by sheriff or entity supervising the local correctional facility · physical PDF page 7 ·

EXHIBIT A: CRITERIA FOR OVERRIDING CIRCUMSTANCES OVERRIDING CIRCUMSTANCES CATEGORY 1 CATEGORY 2 CATEGORY 3 CHARGE CHARGE CHARGE Multiple charges over multiple incidences Move to Category 3 Move to Category 3 in the 48 hours prior to arrest Individual is unable to comprehend the Hold for arraignment or first appearance release process or participate in the release assessment process or sign a release agreement A direct threat of violence to a victim, law Hold for arraignment or first appearance enforcement officer, or anyone else connected to the case Any prior contempt or probation Hold for arraignment or first appearance violation adjudication Any outstanding warrants or holds from Hold for arraignment or first appearance other jurisdictions Any prior FTA conviction, or an FTA on Move to Category 3 Move to Category 3 the current case Three convictions for the same charge in Move to Category 3 Move to Category 3 the last five years Arrest or conviction for the same conduct Move to Cate…

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PJO 25-005 In the Matter of Pretrial Release by sheriff or entity supervising the local correctional facility — physical PDF page 8

PJO 25-005 In the Matter of Pretrial Release by sheriff or entity supervising the local correctional facility · physical PDF page 8 ·

The person was arrested for an offense involving controlled substances and: • The person was in possession of a firearm during the offense; • The person was, at the time of the offense, in possession of a substantial quantity of a controlled substance or substances as that term is defined in ORS 475.900{1)(a)(A­ G); • The person was in possession of fentanyl; • The person was, at the time of the offense, in possession of materials being used for the packaging of controlled substances such as scales, wrapping foil, other than the material being used to contain the substance that is the subject of the offense; • The person was, at the time of the offense, in possession of manufacturing paraphernalia, including recipes, precursor chemicals, laboratory equipment, lighting, ventilating or power generating equipment; • The person was, at the time of the offense, supervising one or more minors . Hold for arraignment or first appearance EXHIBIT B: CRITERIA FOR CONDITIONAL RELEASES The followin…

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