2007 ORS 135.255¹
Release agreement

(1) The defendant shall not be released from custody unless the defendant files with the clerk of the court in which the magistrate is presiding a release agreement duly executed by the defendant containing the conditions ordered by the releasing magistrate or deposits security in the amount specified by the magistrate in accordance with ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court).

(2) A failure to appear as required by the release agreement shall be punishable as provided in ORS 162.195 (Failure to appear in the second degree) or 162.205 (Failure to appear in the first degree).

(3) "Custody" for purposes of a release agreement does not include temporary custody under the citation procedures of ORS 133.055 (Criminal citation) to 133.076 (Failure to appear on criminal citation). [1973 c.836 §151]

Notes of Decisions

Where, under release agree­ment, defendant agreed to appear and answer charges in circuit court on dates and times "to be set" and voluntarily failed to appear on last day of trial, his viola­tion of release agree­ment was not excused by his presence on other days of trial. State v. Phillips, 84 Or App 316, 734 P2d 4 (1987), Sup Ct review denied

Law Review Cita­tions

53 OLR 275, 294, 295, 326 (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.