Definitions for ORS 162.135 to 162.205
Source:
Section 162.135 — Definitions for ORS 162.135 to 162.205, https://www.oregonlegislature.gov/bills_laws/ors/ors162.html
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Notes of Decisions
The facts warranted submission to the jury the question whether defendant “escaped” within the meaning of this provision and a related provision, ORS 162.155, and not only a charge of attempt to escape, where defendant broke away and ran from a guard in courthouse parking lot and was caught only moments later, having never been more than 20 steps ahead of the guard. State v. Fitzgerald, 16 Or App 376, 518 P2d 678 (1974), Sup Ct review denied
The State of Oregon had no jurisdiction over the Indian defendant for an escape which occurred solely and entirely upon the Warm Springs Reservation. State v. Smith, 277 Or 251, 560 P2d 1066 (1977)
Definition of contraband is not unconstitutionally vague. State v. Williams, 37 Or App 419, 587 P2d 1049 (1978)
Evidence, inter alia, that two grams of marijuana were prized possession likely to be subject of contention between inmates was insufficient to establish that item was “article or thing whose use would endanger safety and security” of county jail or any person in it. State v. Franklin, 283 Or 439, 583 P2d 557 (1978)
Language of this section is broad enough to include marijuana as potentially being “contraband.” State v. Meyer, 283 Or 449, 583 P2d 553 (1978)
Defendant, who fled when officer told her he had warrant for her arrest and wanted to talk with her about it, was not in “custody” at time of flight and did not commit “escape.” State v. Gleason, 94 Or App 208, 764 P2d 964 (1988)
On remand, phrase “unlawful departure” in ORS 162.135 is not unconstitutionally vague since one can ascertain with reasonable degree of certainty when departure would be unlawful and when lawful. State v. McKenzie, 97 Or App 267, 775 P2d 907 (1989)
Notwithstanding statutory definition of “custody,” as used in definition of “unauthorized departure,” custody includes detention in correctional facility. State v. Galligan, 312 Or 35, 816 P2d 601 (1991)
Where defendant was cited for being minor in possession of alcohol and pulled away and ran when officers tried to take him to detoxification center, he was not in “custody” within meaning of this section. State v. McVay, 313 Or 292, 833 P2d 297 (1992)
Pretrial release into home detention program without posting security or being released on own recognizance constitutes conditional release that cannot form basis of escape charge. State v. Wilde, 123 Or App 493, 862 P2d 105 (1993)
As used in definition of unauthorized departure, “temporary release” means authorization for inmate to leave assigned quarters for particular purpose. State v. Manley, 326 Or 204, 951 P2d 686 (1997)
Inclusion of article on list of items banned by statute, rule or order does not, by itself, satisfy independent requirement that use of article would endanger safety or security of institution or person. State v. Hernandez, 186 Or App 86, 61 P3d 951 (2003)
For purposes of failure to appear statute (ORS 162.205), “custody” does not include constructive restraint by court. State v. Ford, 207 Or App 407, 142 P3d 107 (2006)
Person fails to return after temporary release if person is not in custody when temporary release expires. State v. Elvig, 230 Or App 57, 213 P3d 851 (2009)
When read with ORS 162.145, escape for purposes of escape in third degree occurs when person runs away from officer who lawfully asserted authority to control person’s freedom in course of carrying out arrest. State v. Davis, 360 Or 201, 377 P3d 583 (2016)
Where defendant appeared voluntarily before trial court and court conditionally released defendant pursuant to agreement that required future court appearance through court’s book and release process, defendant was not “released from custody” prior to failing to appear because “custody” requires actual or constructive restraint imposed by peace officer pursuant to arrest or court order. State v. McColly, 364 Or 464, 435 P3d 715 (2019)