135.250
General conditions of release agreement. (1) If a defendant is released before judgment, the
conditions of the release agreement shall be that the defendant will:
(a) Appear to
answer the charge in the court having jurisdiction on a day certain and
thereafter as ordered by the court until the defendant is discharged or the
judgment is entered;
(b) Submit to the
orders and process of the court;
(c) Not depart
this state without leave of the court; and
(d) Comply with
such other conditions as the court may impose.
(2)(a) In
addition to the conditions listed in subsection (1) of this section, if the
defendant is charged with an offense that also constitutes domestic violence,
the court shall include as a condition of the release agreement that the
defendant not contact the victim of the violence.
(b)
Notwithstanding paragraph (a) of this subsection, the court may enter an order
waiving the condition that the defendant have no contact with the victim if:
(A) The victim
petitions the court for a waiver; and
(B) The court
finds, after a hearing on the petition, that waiving the condition is in the
best interests of the parties and the community.
(c) If the
defendant was provided notice and an opportunity to be heard, the court shall
also include in the agreement, when appropriate, terms and findings sufficient
under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the defendant’s ability to
possess firearms and ammunition or engage in activities involving firearms.
(d) ORS 107.720
applies to release agreements executed by defendants charged with an offense
that constitutes domestic violence, except that proof of service of the release
agreement is not required and the agreement may not be terminated at the
request of the victim without a hearing. [1973 c.836 §150; 1991 c.111 §10; 1993
c.731 §6; 1999 c.617 §3; 2013 c.151 §2]
135.252 [2016 c.24 §53f; repealed by 2019
c.292 §10]
Notes of Decisions
Cited in
13
cases (
3 in the last 5 years), 1975–2026 · leading case:
Sexson v. Merten, 631 P.2d 1367 (Or. 1981).
Sexson v. Merten, 631 P.2d 1367 (Or. 1981).
· cites it 3× “Cupp, supra, and with the further requirement of ORS 135.250(1) that the conditions of such a release agreement are that the defendant will: “(a) Appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until discharged…”
State v. Tally, 57 P.3d 592 (Or. Ct. App. 2002).
· cites it 8× “However, as used in ORS 135.250, “discharged” refers to a defendant’s discharge from custody upon the dismissal of a case, not to a “discharge” from the sentence, as upon completion of parole, post-prison supervision, or, as pertinent here, probation.”
State v. Simmons, 499 P.3d 127 (Or. Ct. App. 2021).
· cites it 2× “4 3 ORS 135.250 pertains to general conditions in a release agreement, and provides, in part: “(2)(a) In addition to the conditions listed in subsection (1) of this section, if the defendant is charged with an offense that also constitutes domestic violence, the court shall…”
State v. Roberts, 374 Or. 821 (Or. 2026).
· cites it 3× “290 (governing contempt); see also ORS 135.250 (governing pretrial release).”
State v. Wilde, 862 P.2d 105 (Or. Ct. App. 1993).
“620, conditionally released, ORS 135.250, or given the opportunity to post bail and execute a security *497 release.”
State v. T.A.B., 287 P.3d 1059 (Or. 2012).
“…a defendant may also be released on his or her promise to appear as required, with or without additional conditions. ORS 135.250, ORS 135.260.”
State v. Phillips, 734 P.2d 4 (Or. Ct. App. 1987).
“ORS 135.250(1) specifies the general conditions of release agreements: “If a defendant is released before judgment, the conditions of the release agreement shall be that the defendant will: “(a) Appear to answer the charge in the court having jurisdiction on a day certain and…”
State v. Baker, 998 P.2d 700 (Or. Ct. App. 2000).
“” That agreement first lists various conditions of release, including: “Pursuant to the provisions of ORS 135.250, the Defendant named above is released subject to the following conditions: “5.”
State v. Jacobson, 437 P.3d 243 (Or. Ct. App. 2019).
“" ORS 135.250(1) states the conditions for a release agreement: "If a defendant is released before judgment, the conditions of the release shall be that the defendant will: "(a) Appear to answer the charge in the court having jurisdiction on a day certain and thereafter as…”
State v. Johnson, 672 P.2d 1249 (Or. Ct. App. 1983).
· cites it 3× “ORS 135.250 provides: “(1) If a defendant is released before judgment, the conditions of the release agreement shall be that he will: “(a) Appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until discharged or…”
Betschart v. Garrett (D. Or. 2023).
· cites it 4× “ORS § 135.250. By contrast, the circumstances and injury are much different for the small minority of Petitioners who indeed may have a colorable claim to severe deprivations of liberty and counsel—such as those on house arrest.”
State v. Crawford, 144 P.3d 1073 (Or. Ct. App. 2006).
· cites it 2× “ORS 135.250(1) specifies the conditions that must be included in a release agreement when, as in this case, a defendant is released before judgment.”
— Or. Rev. Stat. § 135.250(1) — 7 cases
Sexson v. Merten, 631 P.2d 1367 (Or. 1981).
“Cupp, supra, and with the further requirement of ORS 135.250(1) that the conditions of such a release agreement are that the defendant will: “(a) Appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until discharged…”
State v. Tally, 57 P.3d 592 (Or. Ct. App. 2002).
“However, as used in ORS 135.250, “discharged” refers to a defendant’s discharge from custody upon the dismissal of a case, not to a “discharge” from the sentence, as upon completion of parole, post-prison supervision, or, as pertinent here, probation.”
State v. Roberts, 374 Or. 821 (Or. 2026).
“290 (governing contempt); see also ORS 135.250 (governing pretrial release).”
State v. Phillips, 734 P.2d 4 (Or. Ct. App. 1987).
“ORS 135.250(1) specifies the general conditions of release agreements: “If a defendant is released before judgment, the conditions of the release agreement shall be that the defendant will: “(a) Appear to answer the charge in the court having jurisdiction on a day certain and…”
State v. Jacobson, 437 P.3d 243 (Or. Ct. App. 2019).
“" ORS 135.250(1) states the conditions for a release agreement: "If a defendant is released before judgment, the conditions of the release shall be that the defendant will: "(a) Appear to answer the charge in the court having jurisdiction on a day certain and thereafter as…”
— Or. Rev. Stat. § 135.250(1)(b) — 1 case
State v. Tally, 57 P.3d 592 (Or. Ct. App. 2002).
“However, as used in ORS 135.250, “discharged” refers to a defendant’s discharge from custody upon the dismissal of a case, not to a “discharge” from the sentence, as upon completion of parole, post-prison supervision, or, as pertinent here, probation.”
— Or. Rev. Stat. § 135.250(2)(b)(A) — 1 case
State v. Simmons, 499 P.3d 127 (Or. Ct. App. 2021).
“4 3 ORS 135.250 pertains to general conditions in a release agreement, and provides, in part: “(2)(a) In addition to the conditions listed in subsection (1) of this section, if the defendant is charged with an offense that also constitutes domestic violence, the court shall…”
— Or. Rev. Stat. § 135.250(2)(d) — 1 case
— Or. Rev. Stat. § 135.250(3) — 1 case
State v. Tally, 57 P.3d 592 (Or. Ct. App. 2002).
“However, as used in ORS 135.250, “discharged” refers to a defendant’s discharge from custody upon the dismissal of a case, not to a “discharge” from the sentence, as upon completion of parole, post-prison supervision, or, as pertinent here, probation.”
— Or. Rev. Stat. § 135.250(3)(a) — 1 case
State v. Tally, 57 P.3d 592 (Or. Ct. App. 2002).
“However, as used in ORS 135.250, “discharged” refers to a defendant’s discharge from custody upon the dismissal of a case, not to a “discharge” from the sentence, as upon completion of parole, post-prison supervision, or, as pertinent here, probation.”
— Or. Rev. Stat. § 135.250(l)(a) — 2 cases
Sexson v. Merten, 631 P.2d 1367 (Or. 1981).
“Cupp, supra, and with the further requirement of ORS 135.250(1) that the conditions of such a release agreement are that the defendant will: “(a) Appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until discharged…”
State v. Crawford, 144 P.3d 1073 (Or. Ct. App. 2006).
“ORS 135.250(1) specifies the conditions that must be included in a release agreement when, as in this case, a defendant is released before judgment.”
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