Oregon Statutes - Chapter 419A - Juvenile Code: General Provisions and Definitions - Section 419A.208 - Orders subject to appeal by state; effect of appeal of preadjudicatory order.

(1) In addition to the state’s right to appeal under ORS 419A.200, the state may appeal from any of the following orders of a judge or referee:

(a) An order made prior to an adjudicatory hearing dismissing or setting aside a delinquency petition;

(b) An order that sets aside a petition for delinquency if the order is made after an adjudicatory hearing in which the youth is found to be within the jurisdiction of the court;

(c) An order made prior to an adjudicatory hearing suppressing or limiting evidence or refusing to suppress or limit evidence; or

(d) An order made prior to an adjudicatory hearing for the return or restoration of things seized.

(2) If the state pursuant to subsection (1) of this section appeals a preadjudicatory order, and the youth is in detention in the same proceeding pursuant to ORS 419C.109, 419C.136, 419C.139, 419C.170 and 419C.173, the juvenile court shall consider release of the youth from detention during the pendency of the appeal in accordance with the following provisions:

(a) When the youth is charged with an act that would be murder if committed by an adult, release shall be denied when the proof is evident or the presumption strong that the youth committed the act.

(b) The youth shall be released upon the youth’s personal recognizance unless release criteria show to the satisfaction of the juvenile court that the youth would not be likely to appear before the court as ordered upon later appearance dates and that such a release is therefore unwarranted. Release criteria include the following:

(A) The youth’s education and employment status and history and financial condition;

(B) The nature and extent of the youth’s family relationships;

(C) The youth’s past and present residences;

(D) The names of persons who agree to assist the youth in attending court at the proper time;

(E) The nature of the current petition;

(F) The youth’s juvenile record, if any, and, if the youth has previously been released pending trial, whether the youth appeared as required;

(G) Any facts indicating the possibility of violations of law if the youth is released without restrictions;

(H) Any facts tending to indicate that the youth has strong ties to the community; and

(I) Any other facts tending to indicate the likelihood that the youth will appear before the court as ordered upon later appearance dates.

(c) If the court finds that release of the youth on the youth’s personal recognizance is unwarranted, it shall order conditional release. The court may impose upon the released youth one or more of the following conditions, but shall impose the least onerous condition reasonably likely to ensure the youth’s later appearance:

(A) Release of the youth into the care of a parent or other responsible person or organization for supervising the youth and assisting the youth in appearing in court. The supervisor shall immediately notify the court in the event that the youth breaches the terms of the conditional release.

(B) Reasonable restrictions on the activities, movements, associations and residences of the youth.

(C) Any other reasonable restriction designed to ensure the youth’s appearance. [2001 c.480 §5; 2003 c.396 §30]

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Last modified: August 7, 2008