135.240
Releasable offenses.
(1) Except as provided in subsections (2) and (4) of this section, a defendant
shall be released in accordance with ORS 135.230 to 135.290.
(2)(a) When the
defendant is charged with murder, aggravated murder or treason, release shall
be denied when the proof is evident or the presumption strong that the person
is guilty.
(b) When the
defendant is charged with murder or aggravated murder and the proof is not
evident nor the presumption strong that the defendant is guilty, the court
shall determine the issue of release as provided in subsection (4) of this
section. In determining the issue of release under subsection (4) of this
section, the court may consider any evidence used in making the determination
required by this subsection.
(3) The
magistrate may conduct such hearing as the magistrate considers necessary to
determine whether, under subsection (2) of this section, the proof is evident
or the presumption strong that the person is guilty.
(4)(a) When the
defendant is charged with a violent felony, release shall be denied if the
court finds:
(A) Except when
the defendant is charged by indictment, that there is probable cause to believe
that the defendant committed the crime; and
(B) By clear and
convincing evidence, that there is a danger of physical injury or sexual
victimization to the victim or members of the public by the defendant while on
release.
(b) If the
defendant wants to have a hearing on the issue of release, the defendant must
request the hearing at the time of arraignment in circuit court. If the
defendant requests a release hearing, the court must hold the hearing within
five days of the request.
(c) At the
release hearing, unless the state stipulates to the setting of security or
release, the court shall make the inquiry set forth in paragraph (a) of this
subsection. The state has the burden of producing evidence at the release
hearing subject to ORS 40.015 (4).
(d) The defendant
may be represented by counsel and may present evidence on any relevant issue.
However, the hearing may not be used for purposes of discovery.
(e) If the court
determines that the defendant is eligible for release in accordance with this
subsection, the court shall set security or other appropriate conditions of
release.
(f) When a
defendant who has been released violates a condition of release and the
violation:
(A) Constitutes a
new criminal offense, the court shall cause the defendant to be taken back into
custody and shall order the defendant held pending trial without release.
(B) Does not
constitute a new criminal offense, the court may order the defendant to be
taken back into custody and may order the defendant held pending trial or may
make a new release decision.
(5) For purposes
of this section, “violent felony” means a felony offense in which there was an
actual or threatened serious physical injury to the victim, or a felony sexual
offense. [1973 c.836 §148; 1997 c.313 §19; 2001 c.104 §45; 2007 c.194 §1; 2007
c.879 §9; 2021 c.643 §4]
135.242 [2008 c.52 §1; 2021 c.591 §45;
repealed by 2021 c.643 §7]
Notes of Decisions
Cited in
22
cases (
7 in the last 5 years), 1979–2025 · leading case:
Application of Haynes, 619 P.2d 632 (Or. 1980).
Application of Haynes, 619 P.2d 632 (Or. 1980).
· cites it 10× “ORS 135.240 provides: "(1) Except as provided in subsection (2) of this section, a defendant shall be released in accordance with ORS 135.”
Rico-Villalobos v. Giusto, 118 P.3d 246 (Or. 2005).
· cites it 10× “” Similarly, ORS 135.240, the applicable pretrial release statute, provides, in part: “(2)(a) When the defendant is charged with murder, aggravated murder or treason, release shall be denied when the proof is evident or the presumption strong that the person is guilty.”
State v. Sutherland, 987 P.2d 501 (Or. 1999).
· cites it 26× “The right to pretrial release of persons who, like defendant, are accused of “Measure 11” offenses 1 is addressed in two subsections of ORS 135.240. 2 Subsection (4) of that statute provides, in part: “(4) Except as otherwise provided in subsection (5) of this section, when the…”
State v. Moen, 786 P.2d 111 (Or. 1990).
· cites it 4× “Or Const, Art I, § 14; [21] ORS 135.240(2). [22] See generally Haynes v.”
State v. Slight, 456 P.3d 366 (Or. Ct. App. 2019).
· cites it 10× “Whether pre- trial release can be denied in cases involving violent felonies is governed by ORS 135.240, which requires that a denial be based on clear and convincing evidence of a danger of physical injury or sexual victimization to the victim or members of the public by the…”
State v. Harberts, 11 P.3d 641 (Or. 2000).
· cites it 4× “Defendant argued that, in light of the trial court's rulings regarding the inadmissibility of defendant's inculpatory statements, there was not sufficient evidence to support the findings under ORS 135.240 [2] that the proof was evident or the presumption strong that defendant…”
Betschart v. Washington Cnty. Circuit Court Judges, 103 F.4th 607 (9th Cir. 2024).
· cites it 3× “See Or. Rev. Stat. § 135.240 . This jailbreak applies regardless of the posture of a particular case or the individualized assessment of the defendant’s dangerousness.”
State v. Pinnell, 806 P.2d 110 (Or. 1991).
· cites it 2× “Burks, 290 Or 75, 78-79 , 619 P2d 632 (1980) (construing Article I, section 14, of the Oregon Constitution and ORS 135.240(2)). 25 In this case, the security release hearing was extensive.”
Collins v. Foster, 698 P.2d 953 (Or. 1985).
· cites it 7× “290 does not apply to persons charged with crimes which are not releaseable offenses under ORS 135.240 or to persons charged with conspiracy to commit murder, or charged with attempted murder, or to prisoners serving sentences resulting from prior convictions.”
Benjamin v. O'Donnell, 372 Or. 764 (Or. 2024).
· cites it 10× “290 does not apply to persons charged with crimes that are not releasable offenses under ORS 135.240); ORS 135.240(2)(a) (murder is not a releasable offense “when the proof is evident or the presumption strong that the person is guilty”).”
State v. Douglas, 800 P.2d 288 (Or. 1990).
· cites it 2× “" ORS 135.240(2); Or. Const., Art. I, § 14.”
State v. T.A.B., 287 P.3d 1059 (Or. 2012).
· cites it 6× “1 Because one of the charges against relator was a Measure ll 2 offense, any pretrial release was governed by ORS 135.240(5). That statute provides, in part: “(a) Notwithstanding any other provision of law, the court shall set a security amount of not less than $50,000 for a…”
— Or. Rev. Stat. § 135.240(1) — 1 case
— Or. Rev. Stat. § 135.240(2) — 7 cases
State v. Moen, 786 P.2d 111 (Or. 1990).
“Or Const, Art I, § 14; [21] ORS 135.240(2). [22] See generally Haynes v.”
Application of Haynes, 619 P.2d 632 (Or. 1980).
“ORS 135.240 provides: "(1) Except as provided in subsection (2) of this section, a defendant shall be released in accordance with ORS 135.”
State v. Pinnell, 806 P.2d 110 (Or. 1991).
“Burks, 290 Or 75, 78-79 , 619 P2d 632 (1980) (construing Article I, section 14, of the Oregon Constitution and ORS 135.240(2)). 25 In this case, the security release hearing was extensive.”
State v. Douglas, 800 P.2d 288 (Or. 1990).
“" ORS 135.240(2); Or. Const., Art. I, § 14.”
Collins v. Foster, 698 P.2d 953 (Or. 1985).
“290 does not apply to persons charged with crimes which are not releaseable offenses under ORS 135.240 or to persons charged with conspiracy to commit murder, or charged with attempted murder, or to prisoners serving sentences resulting from prior convictions.”
— Or. Rev. Stat. § 135.240(2)(a) — 6 cases
Rico-Villalobos v. Giusto, 118 P.3d 246 (Or. 2005).
“” Similarly, ORS 135.240, the applicable pretrial release statute, provides, in part: “(2)(a) When the defendant is charged with murder, aggravated murder or treason, release shall be denied when the proof is evident or the presumption strong that the person is guilty.”
State v. Slight, 456 P.3d 366 (Or. Ct. App. 2019).
“Whether pre- trial release can be denied in cases involving violent felonies is governed by ORS 135.240, which requires that a denial be based on clear and convincing evidence of a danger of physical injury or sexual victimization to the victim or members of the public by the…”
Benjamin v. O'Donnell, 372 Or. 764 (Or. 2024).
“290 does not apply to persons charged with crimes that are not releasable offenses under ORS 135.240); ORS 135.240(2)(a) (murder is not a releasable offense “when the proof is evident or the presumption strong that the person is guilty”).”
— Or. Rev. Stat. § 135.240(3) — 2 cases
Collins v. Foster, 698 P.2d 953 (Or. 1985).
“290 does not apply to persons charged with crimes which are not releaseable offenses under ORS 135.240 or to persons charged with conspiracy to commit murder, or charged with attempted murder, or to prisoners serving sentences resulting from prior convictions.”
— Or. Rev. Stat. § 135.240(4) — 3 cases
State v. Sutherland, 987 P.2d 501 (Or. 1999).
“The right to pretrial release of persons who, like defendant, are accused of “Measure 11” offenses 1 is addressed in two subsections of ORS 135.240. 2 Subsection (4) of that statute provides, in part: “(4) Except as otherwise provided in subsection (5) of this section, when the…”
State v. Slight, 456 P.3d 366 (Or. Ct. App. 2019).
“Whether pre- trial release can be denied in cases involving violent felonies is governed by ORS 135.240, which requires that a denial be based on clear and convincing evidence of a danger of physical injury or sexual victimization to the victim or members of the public by the…”
— Or. Rev. Stat. § 135.240(4)(a) — 1 case
State v. Slight, 456 P.3d 366 (Or. Ct. App. 2019).
“Whether pre- trial release can be denied in cases involving violent felonies is governed by ORS 135.240, which requires that a denial be based on clear and convincing evidence of a danger of physical injury or sexual victimization to the victim or members of the public by the…”
— Or. Rev. Stat. § 135.240(4)(c) — 1 case
State v. Slight, 456 P.3d 366 (Or. Ct. App. 2019).
“Whether pre- trial release can be denied in cases involving violent felonies is governed by ORS 135.240, which requires that a denial be based on clear and convincing evidence of a danger of physical injury or sexual victimization to the victim or members of the public by the…”
— Or. Rev. Stat. § 135.240(4)(e) — 1 case
State v. Slight, 456 P.3d 366 (Or. Ct. App. 2019).
“Whether pre- trial release can be denied in cases involving violent felonies is governed by ORS 135.240, which requires that a denial be based on clear and convincing evidence of a danger of physical injury or sexual victimization to the victim or members of the public by the…”
— Or. Rev. Stat. § 135.240(5) — 2 cases
State v. Sutherland, 987 P.2d 501 (Or. 1999).
“The right to pretrial release of persons who, like defendant, are accused of “Measure 11” offenses 1 is addressed in two subsections of ORS 135.240. 2 Subsection (4) of that statute provides, in part: “(4) Except as otherwise provided in subsection (5) of this section, when the…”
State v. T.A.B., 287 P.3d 1059 (Or. 2012).
“1 Because one of the charges against relator was a Measure ll 2 offense, any pretrial release was governed by ORS 135.240(5). That statute provides, in part: “(a) Notwithstanding any other provision of law, the court shall set a security amount of not less than $50,000 for a…”
— Or. Rev. Stat. § 135.240(5)(b) — 1 case
State v. T.A.B., 287 P.3d 1059 (Or. 2012).
“1 Because one of the charges against relator was a Measure ll 2 offense, any pretrial release was governed by ORS 135.240(5). That statute provides, in part: “(a) Notwithstanding any other provision of law, the court shall set a security amount of not less than $50,000 for a…”
— Or. Rev. Stat. § 135.240(6) — 1 case
State v. Slight, 456 P.3d 366 (Or. Ct. App. 2019).
“Whether pre- trial release can be denied in cases involving violent felonies is governed by ORS 135.240, which requires that a denial be based on clear and convincing evidence of a danger of physical injury or sexual victimization to the victim or members of the public by the…”
— Or. Rev. Stat. § 135.240(7) — 1 case
State v. Slight, 456 P.3d 366 (Or. Ct. App. 2019).
“Whether pre- trial release can be denied in cases involving violent felonies is governed by ORS 135.240, which requires that a denial be based on clear and convincing evidence of a danger of physical injury or sexual victimization to the victim or members of the public by the…”
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