(1) Except as provided in ORS 135.240, a person in custody has the right to immediate security release or to be taken before a magistrate without undue delay. If the person is not released under ORS 135.270, or otherwise released before arraignment, the magistrate shall advise the person of the right of the person to a security release as provided in ORS 135.265.
(2) If a person in custody does not request a security release at the time of arraignment, the magistrate shall make a release decision regarding the person within 48 hours after the arraignment.
(3) If the magistrate, having given priority to the primary release criteria, decides to release a defendant or to set security, the magistrate shall impose the least onerous condition reasonably likely to ensure the safety of the public and the victim and the person’s later appearance and, if the person is charged with an offense involving domestic violence, ensure that the person does not engage in domestic violence while on release. A person in custody, otherwise having a right to release, shall be released upon the personal recognizance unless:
(a) Release criteria show to the satisfaction of the magistrate that such a release is unwarranted; or
(b) Subsection (6) of this section applies to the person.
(4) Upon a finding that release of the person on personal recognizance is unwarranted, the magistrate shall impose either conditional release or security release.
(5)(a) At the release hearing:
(A) The district attorney has a right to be heard in relation to issues relevant to the release decision; and
(B) The victim has the right:
(i) Upon request made within the time period prescribed in the notice required by ORS 147.417, to be notified by the district attorney of the release hearing;
(ii) To appear personally at the hearing; and
(iii) If present, to reasonably express any views relevant to the issues before the magistrate.
(b) Failure of the district attorney to notify the victim under paragraph (a) of this subsection or failure of the victim to appear at the hearing does not affect the validity of the proceeding.
(6) If a person refuses to provide a true name under the circumstances described in ORS 135.060 and 135.065, the magistrate may not release the person on personal recognizance or on conditional release. The magistrate may release the person on security release under ORS 135.265 except that the magistrate shall require the person to deposit the full security amount set by the magistrate.
(7) This section shall be liberally construed to carry out the purpose of relying upon criminal sanctions instead of financial loss to assure the appearance of the defendant. [1973 c.836 §149; 1993 c.731 §5; 1997 c.313 §20; 2003 c.645 §6]
Section: Previous 135.205 135.210 135.215 135.225 135.230 135.235 135.240 135.245 135.250 135.255 135.260 135.265 135.270 135.280 135.285 NextLast modified: August 7, 2008