Oregon court rules & publisher orders

PJO 24-006 Pretrial Release (Am1) — physical PDF page 4

PJO 24-006 Pretrial Release (Am1) · physical PDF page 4 ·

Presiding Judge Order 24-006 (Amendment 1)  Page 4 of 11 
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1) Policy.  The court encourages law enforcement on contact to determine if Cite 
and Release is reasonable under the totality of the circumstances.  While there 
is a presumption that defendants are entitled to release on personal 
recognizance on condition that they attend all required court proceedings and 
they do not commit any criminal offense, the court removes that presumption 
upon the arrest and jail book-in for the purposes of release from the jail. 
D) “Security release” (ORS 135.265) 
Security is set only by the Judge.  (1) If the defendant is not released on personal 
recognizance under ORS 135.255, or granted conditional release under ORS 
135.260, or fails to agree to the provisions of the conditional release, the magistrate 
shall set a security amount that will reasonably assure the defendant’s appearance. 
The defendant shall execute the security release in the amount set by the 
magistrate. 
E) “Conditional release” (ORS 136.260)  
1. Conditional release may include one or more of the following conditions:  
(a) Release of the defendant into the care of a qualified person or 
organization responsible for supervising the defendant and 
assisting the defendant in appearing in court. The supervisor shall 
not be required to be financially responsible for the defendant, nor 
to forfeit money in the event the defendant fails to appear in court. 
The supervisor, however, shall notify the court immediately if the 
defendant breaches the conditional release. 
(b) Reasonable regulations on the activities, movements, 
associations, and residences of th e defendant, including, if the 
court finds it appropriate, restriction of the defendant to the 
defendant’s own residence or to the premises thereof. 
(c) Release of the defendant from custody during working hours. 
(d) Any other reasonable restriction designed to assure the 
defendant’s appearance. 
i. Except as otherwise provided in ORS 135.250 (2)(b), 
conditional release shall include a prohibition against 
contacting the victim if the de fendant is charged with an 
offense that also constitutes domestic violence. 
F) “Primary release criteria” includes the following: 
1) The reasonable protection of the victim or public; 
2) The nature of the current charge; 
3) The defendant’s prior criminal record, if any, and, if the defendant previously 
has been released pending trial, whether the defendant appeared as required.  
ORS 135.230(7). 
4) Any facts indicating the possibility of violations of law if the defendant is 
released without regulations; and 
5) Any other facts tending to indicate that the defendant is likely to appear.

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Captured 2026-10-18T22:32:44.067349+00:00 · Publisher library classifies this order CURRENT on retrieval; operative status, amendments, rescissions and case applicability have not been independently legally reviewed.

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