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Oregon Revised Statutes

Or. Rev. Stat. § 135.285 (2026)

Modification of release decision

✓ current as of May 2026
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      135.285 Modification of release decision. If circumstances concerning the defendant’s release change, the court, on its own motion or upon request by the district attorney or defendant, may modify the release agreement or the security release. [1973 c.836 §156; 1995 c.658 §75; 2013 c.151 §3]

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1975–2026 · leading case: Priest v. Pearce, 840 P.2d 65 (Or. 1992).
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Priest v. Pearce, 840 P.2d 65 (Or. 1992). · cites it 8× “The intent of the committee that drafted the 1972 Oregon Criminal Procedure Code was to change that rule: "Subsection (2) [of what eventually became ORS 135.285] changes the current *67 law of [ former ] ORS 140.”
Application of Haynes, 619 P.2d 632 (Or. 1980). · cites it 2× “Compare ORS 135.285(2) ("discretionary" release pending appeal after conviction.”
Owens v. Duryee, 589 P.2d 1115 (Or. 1979). · cites it 2× “Plaintiff contends the only statute which allows any discretion to the trial court on the decision whether a defendant should be released is ORS 135.285(2) which provides: "* * * if a defendant appeals after judgment of conviction in circuit court for any crime other than murder…”
State v. Grcich, 939 P.2d 649 (Or. Ct. App. 1997). “230(9) defining "release” criteria and ORS 135.285 providing for modifications of release decisions based on a change of circumstances.”
Knutson v. Cupp, 601 P.2d 129 (Or. 1979). “ORS 135.285(2) and 135.250(2). Without executing and filing with the clerk of the court a "release agreement” defendant sought to procure his release from custody, pending disposition of his appeal, by filing with the clerk of the trial court a document denoted "Personal Surety…”
State Ex Rel. Dillavou v. Foster, 541 P.2d 811 (Or. 1975). “The discretionary release authority granted by ORS 135.285(2), relied upon by respondent, does not change this result.”
State v. Wimber, 814 P.2d 169 (Or. Ct. App. 1991). · cites it 7× “285(2) is found in the chapter describing trial court procedures and immediately follows ORS 135.285(1), which authorizes the trial court to modify a release decision during the course of proceedings in the trial court.”
Shelby v. Fhuere, 350 Or. App. 533 (Or. Ct. App. 2026). “” See ORS 135.285 (“If circumstances concerning the defen- dant’s release change, the court, on its own motion or upon request by the district attorney or defendant, may modify the release agreement or the security release.”
State ex rel. O'Neal v. Pearce, 717 P.2d 154 (Or. Ct. App. 1986). · cites it 2× “ORS 135.285(2). 1 The rule is the same in District Court.”
Shelby v. Fhuere, 350 Or. App. 533 (Or. Ct. App. 2026). “” See ORS 135.285 (“If circumstances concerning the defendant’s release change, the court, on its own motion or upon request by the district attorney or defendant, may modify the release agree- ment or the security release.”
State v. Holland, 542 P.2d 923 (Or. Ct. App. 1975). “250(2)(d) provides: “If the defendant is released after judgment of conviction, the conditions of the release agreement shall be that he will: :!: * * # ❖ “(d) Comply with such other conditions as the court may impose * * ORS 135.285(2) provides, in part: “* * * If a defendant…”
— Or. Rev. Stat. § 135.285(1) — 1 case
State v. Wimber, 814 P.2d 169 (Or. Ct. App. 1991). “285(2) is found in the chapter describing trial court procedures and immediately follows ORS 135.285(1), which authorizes the trial court to modify a release decision during the course of proceedings in the trial court.”
— Or. Rev. Stat. § 135.285(2) — 8 cases
Priest v. Pearce, 840 P.2d 65 (Or. 1992). “The intent of the committee that drafted the 1972 Oregon Criminal Procedure Code was to change that rule: "Subsection (2) [of what eventually became ORS 135.285] changes the current *67 law of [ former ] ORS 140.”
Application of Haynes, 619 P.2d 632 (Or. 1980). “Compare ORS 135.285(2) ("discretionary" release pending appeal after conviction.”
Owens v. Duryee, 589 P.2d 1115 (Or. 1979). “Plaintiff contends the only statute which allows any discretion to the trial court on the decision whether a defendant should be released is ORS 135.285(2) which provides: "* * * if a defendant appeals after judgment of conviction in circuit court for any crime other than murder…”
Knutson v. Cupp, 601 P.2d 129 (Or. 1979). “ORS 135.285(2) and 135.250(2). Without executing and filing with the clerk of the court a "release agreement” defendant sought to procure his release from custody, pending disposition of his appeal, by filing with the clerk of the trial court a document denoted "Personal Surety…”
State Ex Rel. Dillavou v. Foster, 541 P.2d 811 (Or. 1975). “The discretionary release authority granted by ORS 135.285(2), relied upon by respondent, does not change this result.”
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