ORS § 135.235

Current through 2024 Regular Session legislation effective June 6, 2024
Section 135.235 - Release assistance officers; appointment; duties
(1) A presiding judge for a judicial district may appoint release assistance officers under a personnel plan established by the Chief Justice of the Supreme Court.
(2) A release assistance officer shall, except when impracticable, interview every person detained pursuant to law and charged with an offense. If the person is charged with a person felony or person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission, or with contempt of court for violating a court order protecting or prohibiting contact with another person, the release assistance officer shall make reasonable efforts to contact the victim prior to submitting a report or making a release decision under subsection (3) of this section. If the release assistance officer is able to contact the victim:
(a) Information regarding the victim's position on release, including whether special release conditions should be imposed, must be included in the report described in subsection (3) of this section, and considered by the release assistance officer if the officer makes the release decision; and
(b) If the information is available, the release assistance officer shall inform the victim of the location, date and time of the defendant's arraignment or other first appearance.
(3) The release assistance officer shall verify release criteria information and may either:
(a) Timely submit a written report to the magistrate containing, but not limited to, an evaluation of the release criteria and a recommendation for the form of release; or
(b) If delegated release authority by the presiding judge for the judicial district, make the release decision.
(4) As used in this section, "victim" means an individual that the charging instrument indicates is the victim of the alleged offense or the person protected by the court order, whether or not the individual is specifically named, so long as the release assistance officer is able to confirm the identity of the individual.

ORS 135.235

Amended by 2021 Ch. 643, § 3, eff. 1/1/2022, op. 7/1/2022.
1973 c.836 §147; 1981 s.s. c.3 §37; 1995 c.781 §40