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 pretrial Orders. Additionally, the Chief Justice entered Chief Justice Order (CJO) 22-010 that requires each Presiding Judge of a circ uit Court to enter a standing pretrial release order as required under ORS 135.233(1) that complies with the guidelines established by th e Chief Justice with an operative date of July 1, 2022. 4) This Order accomplishes that mandate. B) Sheriff’s Jail Authorities 1) The Sheriff has broad authority for the administration of the local confinement facility and under ORS 169.320, theret o “[e]xcept as otherwise provided in ORS 169.170 to 169.210, each county sh eriff has custody and control of all persons legally committed or confined in the county local correctional facility of the county of the sheriff during the period of the commitment or confinement.” 2) The Sheriff has broad authority for the use of a release matrix to address overcapacity at the jail pursuant to ORS 169.042 and ORS 169.076(2)(b). 3) The Sheriff may under ORS 169.046(3), wh en and if it becomes necessary to order adults in custody released under ORS 169.042 to 169.046, or if it appears to the sheriff that release of adults in custody is likely to become necessary in the near future, the sheriff shall immediat ely notify all police agencies in the county to make maximum use of citations in lieu of custody pursuant to ORS 133.055 to 133.076 until further notice. 4) The Sheriff or designated authority at the Umatilla County Jail may deny lodging for custody pursuant to written policy under ORS 169.076(2)(b). By this order, any written policy or subsequent changes thereto shall be submitted to the Presiding Judge through the Trial Court Administrator. 5) The Sheriff may not admit an unconscious person pursuant to ORS 169.105. C) Release Assistance Officers. Release Assistance Officers (RAO) act under authority of ORS 135.235. The RAOs are appointed by the Trial Court Administrator (TCA)
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Publisher URL: https://www.courts.oregon.gov/rules/Documents/UMA_PJO_24-006 (Am1)_PretrialRelease.pdf.pdf