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 wording. Law Enforcement should obtain a copy of the current Presiding Judge Instruction addressing Arrest Warrant Cite and Release in the 6 th Judicial District. B) Criminal Citations (ORS 133.055 et seq). A law enforcement officer may issue a criminal citation to a person if the offi cer has probable cause to believe that the person has committed a misdemeanor other than domestic violence, or any ‘C’ felony that can be treated as a misdem eanor under ORS 161.705. The citation requires the person to appear to the court. The officer issuing the citation shall issue the citation to appear in Umatilla or Morrow County Circuit Court on the date and time described by the court by separate Presiding Judge Instruction (PJi), which under ORS 133.060 is limited to not more than 30 days after the date when the citation was issued unless a period of st atewide emergency is in effect. Drug Enforcement Misdemeanors are an exception to the 30-day timeline, these may be set out for more than 30 days. Unless the District Attorney has a process to endorse as a complaint under ORS 133.066(2), th e uniform citation (UC) coming to the court will be used by the court as a summo ns for appearance, and then direct the person to appear to the court to see if a formal charging instrument has been filed. The citation without complaint is to comply with ORS 133.068. If filed, then the defendant will be directed by court notice to a courtroom, date and time for arraignment or directed to a courtroom fo r arraignment. The Officer shall direct the court copy of the UC to the Umatilla County Circuit Court or Morrow County Circuit Court as appropriate. Law Enforcement should obtain a copy of the current PJi addressing Criminal Citations in the 6 th Judicial District. An understanding of what cases are likely to be subject to a personal recognizance release herein will likely help decide whether a Criminal Citation is appropriate. C) “Personal recognizance” (ORS 135.230(5) and 135.255) means the release of a defendant upon the promise of the defendant to appear in court at all appropriate times, SUBJECT to a release agreement with general release conditions.
Open publisher PDF at this page ↗
Publisher order or amendment document. Deleted/added wording and operative scope must be read in the original; do not treat every extracted sentence as an active rule.
Source provenance
machine_extracted_unreviewed
SHA-256 626664247cf4a6f7d1c8c7392acd08d023ad512bd7988931a4bb9d41e491880e
Publisher URL: https://www.courts.oregon.gov/rules/Documents/UMA_PJO_24-006 (Am1)_PretrialRelease.pdf.pdf