ORS 135.230 Definitions for ORS 135.230 to 135.290

As used in ORS 135.230 to 135.290, unless the context requires otherwise:

“Abuse” means:

Attempting to cause or intentionally, knowingly or recklessly causing physical injury;

Intentionally, knowingly or recklessly placing another in fear of imminent serious physical injury; or

Committing sexual abuse in any degree as defined in ORS 163.415, 163.425 and 163.427.

“Conditional release” means a nonsecurity release which imposes regulations on the activities and associations of the defendant.

“Domestic violence” means abuse between family or household members.

“Family or household members” means any of the following:

Spouses.

Former spouses.

Adult persons related by blood or marriage.

Persons cohabiting with each other.

Persons who have cohabited with each other or who have been involved in a sexually intimate relationship.

Unmarried parents of a minor child.

“Magistrate” has the meaning provided for this term in ORS 133.030.

“Personal recognizance” means the release of a defendant upon the promise of the defendant to appear in court at all appropriate times.

“Primary release criteria” includes the following:

The reasonable protection of the victim or public;

The nature of the current charge;

The defendant’s prior criminal record, if any, and, if the defendant previously has been released pending trial, whether the defendant appeared as required;

Any facts indicating the possibility of violations of law if the defendant is released without regulations; and

Any other facts tending to indicate that the defendant is likely to appear.

“Release” means temporary or partial freedom of a defendant from lawful custody before judgment of conviction or after judgment of conviction if defendant has appealed.

“Release agreement” means a sworn writing by the defendant stating the terms of the release and, if applicable, the amount of security.

“Release decision” means a determination by a magistrate, using primary and secondary release criteria, which establishes the form of the release most likely to ensure the safety of the public and the victim, the defendant’s court appearance and that the defendant does not engage in domestic violence while on release.

“Secondary release criteria” includes the following:

The defendant’s employment status and history and financial condition;

The nature and extent of the family relationships of the defendant;

The past and present residences of the defendant;

Names of persons who agree to assist the defendant in attending court at the proper time; and

Any facts tending to indicate that the defendant has strong ties to the community.

“Security release” means a release conditioned on a promise to appear in court at all appropriate times which is secured by cash, stocks, bonds or real property.

“Surety” is one who executes a security release and binds oneself to pay the security amount if the defendant fails to comply with the release agreement.