135.260
Conditional release.
(1) Conditional release may include one or more of the following conditions:
(a) Release of
the defendant into the care of a qualified person or organization responsible
for supervising the defendant and assisting the defendant in appearing in
court. The supervisor shall not be required to be financially responsible for
the defendant, nor to forfeit money in the event the defendant fails to appear
in court. The supervisor, however, shall notify the court immediately in the
event that the defendant breaches the conditional release.
(b) Reasonable
regulations on the activities, movements, associations and residences of the
defendant, including, if the court finds it appropriate, restriction of the
defendant to the defendant’s own residence or to the premises thereof.
(c) Release of
the defendant from custody during working hours.
(d) Any other
reasonable restriction designed to assure the defendant’s appearance.
(2) Except as
otherwise provided in ORS 135.250 (2)(b), conditional release shall include a
prohibition against contacting the victim if the defendant is charged with an
offense that also constitutes domestic violence. [1973 c.836 §152; 1985 c.818 §1;
1993 c.731 §7]
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1979–2026 · leading case:
Sexson v. Merten, 631 P.2d 1367 (Or. 1981).
Sexson v. Merten, 631 P.2d 1367 (Or. 1981).
· cites it 5× “255, or granted conditional release under ORS 135.260, or fails to agree to the provisions of the conditional release.”
United States v. Raymond Lee Scott, 450 F.3d 863 (9th Cir. 2006).
“”); Or. Rev. Stat. § 135.260 (l)(d) (“Conditional release may include one or more of the following conditions .”
Larsen v. Nooth, 425 P.3d 484 (Or. Ct. App. 2018).
“ORS 135.260 ; ORS 135.265. And, in fact, there is testimony in this case that it was the policy of Lincoln County to only shackle in-custody defendants.”
Knutson v. Cupp, 601 P.2d 129 (Or. 1979).
“255 nor has been granted conditional release under ORS 135.260, he may procure his release under ORS 135.”
State v. Roberts, 374 Or. 821 (Or. 2026).
· cites it 2× “ORS 135.260(1)(a). If a defendant breaches a release restriction, they can be arrested and detained, and they may lose any money posted as security.”
Application of Liberman, 650 P.2d 83 (Or. 1982).
· cites it 6× “245(3), or, in the alternative, for a conditional release, ORS 135.260, was denied, and the security amount was not reduced.”
State v. Wilde, 862 P.2d 105 (Or. Ct. App. 1993).
“” Under ORS 135.260(2), a conditional release may include “[r]easonable regulations on the activities, movements, associations and residences of the defendant, including, if the court finds it appropriate, restriction of the defendant to the defendant’s own residence or to the…”
State v. T.A.B., 287 P.3d 1059 (Or. 2012).
“…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. Jacobson, 437 P.3d 243 (Or. Ct. App. 2019).
“" ORS 135.260(1)(d) provides that a conditional release may include any "reasonable restriction designed to assure the defendant's appearance.”
State v. Snelgrove, 462 P.3d 302 (Or. Ct. App. 2020).
“255 (personal recogni- zance), under ORS 135.260 (conditional release), or under ORS 135.”
Curtiss v. Dep't of Corr., 157 P.3d 279 (Or. Ct. App. 2007).
“” ORS 135.260. Thus, a person who is on conditional release is not in custody, although that person may be subject to reasonable regulations on activities.”
State v. Taylor, 311 P.3d 953 (Or. Ct. App. 2013).
“255, or granted conditional release under ORS 135.260, or fails to agree to the provisions of the conditional release, the magistrate shall set a security amount that will reasonably assure the defendant’s appearance.”
— Or. Rev. Stat. § 135.260(1)(a) — 1 case
State v. Roberts, 374 Or. 821 (Or. 2026).
“ORS 135.260(1)(a). If a defendant breaches a release restriction, they can be arrested and detained, and they may lose any money posted as security.”
— Or. Rev. Stat. § 135.260(1)(b) — 1 case
State v. Roberts, 374 Or. 821 (Or. 2026).
“ORS 135.260(1)(a). If a defendant breaches a release restriction, they can be arrested and detained, and they may lose any money posted as security.”
— Or. Rev. Stat. § 135.260(1)(d) — 1 case
State v. Jacobson, 437 P.3d 243 (Or. Ct. App. 2019).
“" ORS 135.260(1)(d) provides that a conditional release may include any "reasonable restriction designed to assure the defendant's appearance.”
— Or. Rev. Stat. § 135.260(2) — 1 case
State v. Wilde, 862 P.2d 105 (Or. Ct. App. 1993).
“” Under ORS 135.260(2), a conditional release may include “[r]easonable regulations on the activities, movements, associations and residences of the defendant, including, if the court finds it appropriate, restriction of the defendant to the defendant’s own residence or to the…”
— Or. Rev. Stat. § 135.260(4) — 1 case
Sexson v. Merten, 631 P.2d 1367 (Or. 1981).
“255, or granted conditional release under ORS 135.260, or fails to agree to the provisions of the conditional release.”
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