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Oregon Revised Statutes

Or. Rev. Stat. § 135.255 (2026)

Release agreement

✓ current as of May 2026
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      135.255 Release agreement. (1) The defendant shall not be released from custody unless the defendant files with the clerk of the court in which the magistrate is presiding a release agreement duly executed by the defendant containing the conditions ordered by the releasing magistrate or deposits security in the amount specified by the magistrate in accordance with ORS 135.230 to 135.290.

      (2) A failure to appear as required by the release agreement shall be punishable as provided in ORS 162.195 or 162.205.

      (3) “Custody” for purposes of a release agreement does not include temporary custody under the citation procedures of ORS 133.055 to 133.076. [1973 c.836 §151]

Notes of Decisions
Cited in 19 cases, 1977–2020 · leading case: State v. McColly, 435 P.3d 715 (Or. 2019).
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State v. McColly, 435 P.3d 715 (Or. 2019). · cites it 7× “836, § 151 (now codified at ORS 135.255 ) (emphasis added). We discuss subsections (1) and (2) further below; as explained, they do not alter our assessment of what is required to prove that a defendant had been "released from custody" for purposes of failure to appear.”
Sexson v. Merten, 631 P.2d 1367 (Or. 1981). · cites it 4× “” A defendant may be released under a “security release agreement” when “the defendant is not released on his personal recognizance under ORS 135.255, or granted conditional release under ORS 135.”
State v. Lobue, 453 P.3d 929 (Or. Ct. App. 2019). “Among the pertinent release statutes enacted at that time was ORS 135.255, which provides that “[a] failure to appear as required by the release agreement shall be punishable as provided in ORS 162.”
State v. Tally, 57 P.3d 592 (Or. Ct. App. 2002). · cites it 5× “ORS 135.255; Sexson v. Merten, 291 Or 441, 445-46 , 631 P2d 1367 (1981).”
Knutson v. Cupp, 601 P.2d 129 (Or. 1979). · cites it 2× “Where a defendant has neither been released upon personal recognizance under ORS 135.255 nor has been granted conditional release under ORS 135.”
Mercy Med. Ctr., Inc. v. Douglas Cnty., 559 P.2d 1286 (Or. Ct. App. 1977). “245(5); and, perhaps most significantly, the fact that no release agreement was executed and filed by Fortney, contrary to ORS 135.255(1) which provides: "The defendant shall not be released from custody unless he files with the clerk of the court in which the magistrate is…”
State v. Rogers, 59 P.3d 524 (Or. Ct. App. 2002). “075 refers to actual incarceration, citing ORS 135.255(3) (1997), which provides that custody “for purposes of a release agreement does not include temporary *148 custody under the citation procedures of ORS 133.”
State v. Eastman, 828 P.2d 484 (Or. Ct. App. 1992). “195(1) provides: “A person commits the crime of failure to appear in the second degree if, having by court order been released from custody or a correctional facility upon a release agreement or security release upon the condition that the person will subsequently appear…”
State v. Clay, 734 P.2d 400 (Or. Ct. App. 1987). · cites it 2× “*517 The state argues that defendant was required to execute a release agreement in order to obtain his release because of ORS 135.255(1): “The defendant shall not be released from custody unless the defendant files with the clerk of the court in which the magistrate is…”
State v. Phillips, 734 P.2d 4 (Or. Ct. App. 1987). “” ORS 135.255(2) provides: “A failure to appear as required by the release agreement shall be punishable as provided in ORS * * * 162.”
State v. Jacobson, 437 P.3d 243 (Or. Ct. App. 2019). · cites it 2× “We note that ORS 135.255(1) provides: "The defendant shall not be released from custody unless the defendant files with the clerk of the court in which the magistrate is presiding a release agreement duly executed by the defendant containing the conditions ordered by the…”
Application of Liberman, 650 P.2d 83 (Or. 1982). · cites it 2× “265: "(1) If the defendant is not released on personal recognizance under ORS 135.255, or granted conditional release under ORS 135.”
Show all 19 citing cases →
— Or. Rev. Stat. § 135.255(1) — 7 cases
Sexson v. Merten, 631 P.2d 1367 (Or. 1981). “” A defendant may be released under a “security release agreement” when “the defendant is not released on his personal recognizance under ORS 135.255, or granted conditional release under ORS 135.”
Mercy Med. Ctr., Inc. v. Douglas Cnty., 559 P.2d 1286 (Or. Ct. App. 1977). “245(5); and, perhaps most significantly, the fact that no release agreement was executed and filed by Fortney, contrary to ORS 135.255(1) which provides: "The defendant shall not be released from custody unless he files with the clerk of the court in which the magistrate is…”
Knutson v. Cupp, 601 P.2d 129 (Or. 1979). “Where a defendant has neither been released upon personal recognizance under ORS 135.255 nor has been granted conditional release under ORS 135.”
State v. Clay, 734 P.2d 400 (Or. Ct. App. 1987). “*517 The state argues that defendant was required to execute a release agreement in order to obtain his release because of ORS 135.255(1): “The defendant shall not be released from custody unless the defendant files with the clerk of the court in which the magistrate is…”
State v. Jacobson, 437 P.3d 243 (Or. Ct. App. 2019). “We note that ORS 135.255(1) provides: "The defendant shall not be released from custody unless the defendant files with the clerk of the court in which the magistrate is presiding a release agreement duly executed by the defendant containing the conditions ordered by the…”
— Or. Rev. Stat. § 135.255(2) — 6 cases
State v. Eastman, 828 P.2d 484 (Or. Ct. App. 1992). “195(1) provides: “A person commits the crime of failure to appear in the second degree if, having by court order been released from custody or a correctional facility upon a release agreement or security release upon the condition that the person will subsequently appear…”
State v. Phillips, 734 P.2d 4 (Or. Ct. App. 1987). “” ORS 135.255(2) provides: “A failure to appear as required by the release agreement shall be punishable as provided in ORS * * * 162.”
State v. Jacobson, 437 P.3d 243 (Or. Ct. App. 2019). “We note that ORS 135.255(1) provides: "The defendant shall not be released from custody unless the defendant files with the clerk of the court in which the magistrate is presiding a release agreement duly executed by the defendant containing the conditions ordered by the…”
State v. Johnson, 672 P.2d 1249 (Or. Ct. App. 1983).
State v. Taylor, 311 P.3d 953 (Or. Ct. App. 2013).
— Or. Rev. Stat. § 135.255(3) — 1 case
State v. Rogers, 59 P.3d 524 (Or. Ct. App. 2002). “075 refers to actual incarceration, citing ORS 135.255(3) (1997), which provides that custody “for purposes of a release agreement does not include temporary *148 custody under the citation procedures of ORS 133.”
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