Oregon court rules & publisher orders

PJO 24-006 Pretrial Release (Am1) — physical PDF page 5

PJO 24-006 Pretrial Release (Am1) · physical PDF page 5 ·

Presiding Judge Order 24-006 (Amendment 1)  Page 5 of 11 
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6) “Release” means temporary or partial freedom of a defendant from lawful 
custody before judgment of conviction or after judgment of conviction if 
defendant has appealed. ORS 135.230(8). 
G) “Secondary release criteria” includes the following: 
1) The defendant’s employment status and history and financial condition; 
2) The nature and extent of the family relationships of the defendant; 
3) The past and present residences of the defendant; 
4) Names of persons who agree to assist the defendant in attending court at the 
proper time; and 
5) Any facts tending to indicate that th e defendant has strong ties to the 
community. 
H) “Release agreement” means a sworn writing by the defendant stating the terms 
of the release and, if applicable, the amount of security. ORS 135.230(9). 
I) Conditions of release agreement (ORS 135.250) 
1) General Conditions: 
If a defendant is released before ju dgment, the conditions of the release 
agreement shall be that the defendant will: 
(a) Appear to answer the charge in the court having jurisdiction on a day 
certain and thereafter as ordered by  the court until the defendant is 
discharged or the judgment is entered; 
(b) Submit to the orders and process of the court; 
(c) Not depart this state without leave of the court; and 
(d) Comply with such other conditions as the court may impose. 
2) In addition to the conditions listed in subsection (1) of this section, if the 
defendant is charged with an offense th at also constitutes domestic violence, 
the court shall include as a condition  of the release agreement that the 
defendant does not contact the victim of the violence.
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3) Enhanced Conditions. 
In addition to the General Conditions, a conditional release may include 
‘enhanced conditions or special conditions  of release.  These are included in 
Attachment 2 and Attachment 3 (treatme nt provider agreement) and hereby 
incorporated by reference. 
III) RELEASE MATRIX 
A) The Sheriff has an inherent authority to maintain the population capacity of the jail 
pursuant to ORS 169.042 and ORS 169.07 6(2)(b) using the release “matrix”.  
Subject to ORS 135.240, and the exceptions next stated, Sheriffs are authorized to 
utilize a release matrix at their discreti on, taking into account statutory release

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