26-008 Pretrial Release Order — physical PDF page 4
Page 4 – Presiding Judge Order 26-008 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 f. Giving false information to a peace officer, as defined in ORS 807.620 and ORS 162.385; g. 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; h. Fugitive from justice, as defined in ORS 133.747; i. Bias crime in the first degree, as defined in ORS 166.165; and j. Tampering with a witness, as defined in ORS 162.285. 4. The release decision shall be made using a two-step process. Step 1: Identify the charge and release category; Step 2: Determine if the defendant meets the criteria to consider any overriding circumstances and what if any enhanced conditions of release should be ordered. 5. Attached to this Order is Exhibit A which is a chart to be used in Step 1, identifying the charge and the release guideline that a defendant will fall into. Exhibit A is hereby incorporated into this Order. 6. Attached to this Order is Exhibit B to be used in Step 2, which 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 with regard to the release decision. Exhibit B is hereby incorporated into this Order. 7. Attached to this Order is Exhibit C also to be used in Step 2, which includes enhanced conditions of release. These enhanced conditions of release shall be used if, after identifying the charge and release guideline it is determined that there are overriding circumstances which require enhanced conditions of release. Exhibit C is hereby incorporated into this Order. 8. Attached to this Order is Exhibit D also to be used in Step 1, which includes a link to the Release Guidelines Categorization List which is to be used to identify the charge and the release guideline, as well as a list of non-releasable offenses. Exhibit D is hereby incorporated into this Order. 9. The Sheriff or designee may release individual charged with the following offenses if the release would prevent releasing a person early who is serving a court- imposed sentence (matrix): a) Guideline 2 offenses enhanced by overriding circumstance (moved into guideline 3,) No other guideline 3 charges are to be released; b) Giving False Information to Police Officer (ORS 807.620 False Information on a traffic violation;)
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