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 decision under ORS 135.235(3)(b) Outstanding warrants Hold for arraignment, first appearance, or a release decision under ORS 135.235(3)(b) Any prior Failure to appear Move to category 3 Move to Category 3 Any prior conviction for an offense that is the same as an offense that the person is currently charged with Move to category 2 with enhanced conditions. Move to Category 3 Any property offenses captured in Guideline 1 with a named victim or victim address Move to Category 2 with enhanced condition: Defendant prohibited from contacting named victim, including residence, work, remain 500’ away Individual has 3 or more accompanying charges in the same incident Move to category 2 with enhanced conditions OR move to Category 3 Multiple charged offenses/cases Move to Category 3 Pending probation violations Move to Category 3 Felony with enhancement facts filed Move to Category 3 Unlawful Use by discharge or pointing of Firearm capable to discharge Move to Category 3 Fugitive Complaint Move to Category 3
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Publisher URL: https://www.courts.oregon.gov/rules/Documents/UMA_PJO_24-006 (Am1)_PretrialRelease.pdf.pdf