As used in ORS 135.230 to 135.290, unless the context requires otherwise:
(1) �Abuse� means:
(a) Attempting to cause or intentionally, knowingly or recklessly causing physical injury;
(b) Intentionally, knowingly or recklessly placing another in fear of imminent serious physical injury; or
(c) Committing sexual abuse in any degree as defined in ORS 163.415, 163.425 and 163.427.
(2) �Conditional release� means a nonsecurity release which imposes regulations on the activities and associations of the defendant.
(3) �Domestic violence� means abuse between family or household members.
(4) �Family or household members� means any of the following:
(a) Spouses.
(b) Former spouses.
(c) Adult persons related by blood or marriage.
(d) Persons cohabiting with each other.
(e) Persons who have cohabited with each other or who have been involved in a sexually intimate relationship.
(f) Unmarried parents of a minor child.
(5) �Magistrate� has the meaning provided for this term in ORS 133.030.
(6) �Personal recognizance� means the release of a defendant upon the promise of the defendant to appear in court at all appropriate times.
(7) �Primary release criteria� includes the following:
(a) The reasonable protection of the victim or public;
(b) The nature of the current charge;
(c) The defendant�s prior criminal record, if any, and, if the defendant previously has been released pending trial, whether the defendant appeared as required;
(d) Any facts indicating the possibility of violations of law if the defendant is released without regulations; and
(e) Any other facts tending to indicate that the defendant is likely to appear.
(8) �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.
(9) �Release agreement� means a sworn writing by the defendant stating the terms of the release and, if applicable, the amount of security.
(10) �Release decision� means a determination by a magistrate, using primary and secondary release criteria, which establishes the form of the release most likely to ensure the safety of the public and the victim, the defendant�s court appearance and that the defendant does not engage in domestic violence while on release.
(11) �Secondary release criteria� includes the following:
(a) The defendant�s employment status and history and financial condition;
(b) The nature and extent of the family relationships of the defendant;
(c) The past and present residences of the defendant;
(d) Names of persons who agree to assist the defendant in attending court at the proper time; and
(e) Any facts tending to indicate that the defendant has strong ties to the community.
(12) �Security release� means a release conditioned on a promise to appear in court at all appropriate times which is secured by cash, stocks, bonds or real property.
(13) �Surety� is one who executes a security release and binds oneself to pay the security amount if the defendant fails to comply with the release agreement. [1973 c.836 §146; 1993 c.731 §4; 1997 c.313 §18]
Section: Previous 135.190 135.195 135.200 135.205 135.210 135.215 135.225 135.230 135.235 135.240 135.245 135.250 135.255 135.260 135.265 NextLast modified: August 7, 2008