2007 ORS 135.250¹
General conditions of release agreement

(1) If a defendant is released before judgment, 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)(a) In addition to the conditions listed in subsection (1) of this section, if the defendant is charged with an offense that also constitutes domestic violence, the court shall include as a condition of the release agreement that the defendant not contact the victim of the violence.

(b) Notwithstanding paragraph (a) of this subsection, the court may enter an order waiving the condition that the defendant have no contact with the victim if:

(A) The victim petitions the court for a waiver; and

(B) The court finds, after a hearing on the petition, that waiving the condition is in the best interests of the parties and the community.

(c) If the defendant was provided notice and an opportunity to be heard, the court shall also include in the agreement, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the defendant’s ability to possess firearms and ammunition or engage in activities involving firearms.

(d) ORS 107.720 (Enforcement of restraining orders) applies to release agreements executed by defendants charged with an offense that constitutes domestic violence, except that proof of service of the release agreement is not required and the agreement may not be terminated at the request of the victim without a hearing.

(3) If the defendant is released after judgment of conviction, the conditions of the release agreement shall be that the defendant will:

(a) Duly prosecute the appeal of the defendant as required by ORS 138.005 (Definitions for ORS 138.010 to 138.310) to 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds);

(b) Appear at such time and place as the court may direct;

(c) Not depart this state without leave of the court;

(d) Comply with such other conditions as the court may impose; and

(e) If the judgment is affirmed or the judgment is reversed and the cause remanded for a new trial, immediately appear as required by the trial court. [1973 c.836 §150; 1991 c.111 §10; 1993 c.731 §6; 1999 c.617 §3]

See also annota­tions under ORS 140.160 in permanent edi­tion.

Notes of Decisions

Defendant who left courtroom after sen­ten­cing, while waiting to be taken into custody, and who did not return, violated statutory general condi­tions of release agree­ment. State v. Johnson, 66 Or App 123, 672 P2d 1249 (1983)

"Discharged" refers to defendant's discharge from custody upon dismissal of case. State v. Tally, 184 Or App 715, 57 P3d 592 (2002)

Law Review Cita­tions

53 OLR 296-299 (1974)

See annota­tions under ORS 140.100 in permanent edi­tion.

See also annota­tions under ORS 135.190 in permanent edi­tion.

Notes of Decisions

Enact­ment of these sec­tions did not deprive bail bondsmen of their right to engage in the bail bond business, and did not violate the pro­vi­sions of the Oregon or United States Constitu­tions. Burton v. Tomlinson, 19 Or App 247, 527 P2d 123 (1974)

The pretrial release pro­vi­sions of ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court) do not violate Art. I, §14 of the Oregon Constitu­tion. Burton v. Tomlinson, 19 Or App 247, 527 P2d 123 (1974)

No one may be released from custody without executing and filing release agree­ment with clerk of court. Knutson v. Cupp, 287 Or 489, 601 P2d 129 (1979)

Atty. Gen. Opinions

Security release deposits as bail, (1979) Vol 40, p 139

Law Review Cita­tions

53 OLR 273-337 (1974); 66 OLR 661 (1987)


1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­135.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­135ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.