419C.145
Preadjudication detention; grounds.
(1) A youth may be held or placed in detention before adjudication on the
merits if one or more of the following circumstances exists:
(a) The youth is
a fugitive from another jurisdiction;
(b) The youth is
alleged to be within the jurisdiction of the court under ORS 419C.005, by
having committed or attempted to commit an offense which, if committed by an
adult, would be chargeable as:
(A) A crime
involving infliction of physical injury to another person;
(B) A misdemeanor
under ORS 166.023; or
(C) Any felony
crime;
(c) The youth has
willfully failed to appear at one or more juvenile court proceedings by having
disobeyed a proper summons, citation or subpoena;
(d) The youth is
currently on probation imposed as a consequence of the youth previously having
been found to be within the jurisdiction of the court under ORS 419C.005, and
there is probable cause to believe the youth has violated one or more of the
conditions of that probation;
(e) The youth is
subject to conditions of release pending or following adjudication of a
petition alleging that the youth is within the jurisdiction of the court
pursuant to ORS 419C.005 and there is probable cause to believe the youth has
violated a condition of release;
(f) The youth is
alleged to be in possession of a firearm in violation of ORS 166.250; or
(g) The youth is
required to be held or placed in detention for the reasonable protection of the
victim.
(2) A youth
detained under subsection (1) of this section must be released to the custody
of a parent or other responsible person, released upon the youth’s own
recognizance or placed in shelter care unless the court or its authorized
representative makes written findings that there is probable cause to believe
that the youth may be detained under subsection (1) of this section, that
describe why it is in the best interests of the youth to be placed in detention
and that one or more of the following circumstances are present:
(a) No means less
restrictive of the youth’s liberty gives reasonable assurance that the youth
will attend the adjudicative hearing; or
(b) The youth’s
behavior endangers the physical welfare of the youth, the victim or another
person, or endangers the community.
(3) When a youth
is ordered held or placed in detention, the court or its authorized representative
shall state in writing the basis for its detention decision and a finding
describing why it is in the best interests of the youth to be placed in
detention. The youth shall have the opportunity to rebut evidence received by
the court and to present evidence at the hearing.
(4) In
determining whether release is appropriate under subsection (2) of this
section, the court or its authorized representative shall consider the
following:
(a) The nature
and extent of the youth’s family relationships and the youth’s relationships
with other responsible adults in the community;
(b) The youth’s
previous record of referrals to juvenile court and recent demonstrable conduct;
(c) The youth’s
past and present residence;
(d) The youth’s
education status and school attendance record;
(e) The youth’s
past and present employment;
(f) The youth’s
previous record regarding appearance in court;
(g) The nature of
the charges against the youth and any mitigating or aggravating factors;
(h) The youth’s
mental health;
(i) The
reasonable protection of the victim; and
(j) Any other
facts relevant to the likelihood of the youth’s appearance in court or
likelihood that the youth will comply with the law and other conditions of
release.
(5)
Notwithstanding subsection (2) of this section, the court may not release a
youth when:
(a) There is
probable cause to believe the youth committed an offense that, if committed by
an adult, would constitute a violent felony; and
(b) There is
clear and convincing evidence that the youth poses a danger of serious physical
injury to or sexual victimization of the victim or members of the public while
the youth is on release. [1993 c.33 §173; 1993 c.546 §130; 1995 c.422 §73g;
1999 c.577 §10; 2001 c.686 §10; 2005 c.631 §5; 2007 c.609 §15]
Notes of Decisions
Cited in
12
cases (
10 in the last 5 years), 2007–2025 · leading case:
State v. J. R., 507 P.3d 778 (Or. Ct. App. 2022).
State v. J. R., 507 P.3d 778 (Or. Ct. App. 2022).
· cites it 32× “21 Argued and submitted September 7, 2021; determination that youth may be held in detention under ORS 419C.145 after adjudication reversed, otherwise affirmed March 2, 2022 In the Matter of J.”
State v. M. B., 341 Or. App. 334 (Or. Ct. App. 2025).
· cites it 2× “After the state alleged that youth had violated a condition of his release, the juve- nile court ordered youth’s detention under ORS 419C.145(1).2 1 ORS 419C.495(1) provides: “An adjudicated youth placed in the legal custody of the Oregon Youth Authority may be placed in a youth…”
State v. B. Y., 510 P.3d 247 (Or. Ct. App. 2022).
“005; “(b) Whether the manner in which the adjudicated youth engaged in the conduct was aggressive, violent, pre- meditated or willful; “(c) Whether the adjudicated youth was held in deten- tion under ORS 419C.145 and, if so, the reasons for the detention; “(d) The immediate and…”
State v. M. B., 566 P.3d 713 (Or. Ct. App. 2025).
· cites it 2× “After the state alleged that youth had violated a condition of his release, the juvenile court ordered youth’s detention under ORS 419C.145(1).1 The court also imposed several “special condi- tions” of release.”
State v. M. B., 341 Or. App. 334 (Or. Ct. App. 2025).
· cites it 2× “After the state alleged that youth had violated a condition of his release, the juve- nile court ordered youth’s detention under ORS 419C.145(1).2 1 ORS 419C.495(1) provides: “An adjudicated youth placed in the legal custody of the Oregon Youth Authority may be placed in a youth…”
State v. Obeidi, 155 P.3d 80 (Or. Ct. App. 2007).
“725(1) (establishing sentencing provisions when “the defendant is suffering from a severe personality disorder indicating a propensity toward crimes that seriously endanger the life or safety of another”); ORS 419C.145(2)(b) (concerning detention when a “youth’s behavior…”
State v. C. J. W., 345 Or. App. 531 (Or. Ct. App. 2025).
“” Cite as 345 Or App 531 (2025) 533 “(b) Whether the manner in which the adjudicated youth engaged in the conduct was aggressive, violent, pre- meditated or willful; “(c) Whether the adjudicated youth was held in deten- tion under ORS 419C.145 and, if so, the reasons for the…”
State v. J. S., 344 Or. App. 180 (Or. Ct. App. 2025).
“349(2)(a) (requiring older youth to be “of sufficient sophistication and maturity to appreciate the nature and quality of [his] conduct” at the time of the offense before they can be waived to adult court under statutes allowing waiver); and ORS 419C.145(2), (4) (requiring the…”
State v. J. S., 344 Or. App. 180 (Or. Ct. App. 2025).
“349(2)(a) (requiring older youth to be “of sufficient sophistication and maturity to appreciate the nature and quality of [his] conduct” at the time of the offense before they can be waived to adult court under statutes allowing waiver); and ORS 419C.145(2), (4) (requiring the…”
State v. C. J. W., 345 Or. App. 531 (Or. Ct. App. 2025).
“” Cite as 345 Or App 531 (2025) 533 “(b) Whether the manner in which the adjudicated youth engaged in the conduct was aggressive, violent, pre- meditated or willful; “(c) Whether the adjudicated youth was held in deten- tion under ORS 419C.145 and, if so, the reasons for the…”
State v. A. M., 328 Or. App. 649 (Or. Ct. App. 2023).
“1 Further, the court must consider the following factors: the “gravity of the loss, damage or injury caused”; whether the youth’s conduct was “aggressive, violent, premeditated or willful”; “[w]het- her the adjudicated youth was held in detention under ORS 419C.145”; the…”
— Or. Rev. Stat. § 419C.145(1) — 4 cases
State v. M. B., 341 Or. App. 334 (Or. Ct. App. 2025).
“After the state alleged that youth had violated a condition of his release, the juve- nile court ordered youth’s detention under ORS 419C.145(1).2 1 ORS 419C.495(1) provides: “An adjudicated youth placed in the legal custody of the Oregon Youth Authority may be placed in a youth…”
State v. M. B., 566 P.3d 713 (Or. Ct. App. 2025).
“After the state alleged that youth had violated a condition of his release, the juvenile court ordered youth’s detention under ORS 419C.145(1).1 The court also imposed several “special condi- tions” of release.”
State v. M. B., 341 Or. App. 334 (Or. Ct. App. 2025).
“After the state alleged that youth had violated a condition of his release, the juve- nile court ordered youth’s detention under ORS 419C.145(1).2 1 ORS 419C.495(1) provides: “An adjudicated youth placed in the legal custody of the Oregon Youth Authority may be placed in a youth…”
— Or. Rev. Stat. § 419C.145(2) — 2 cases
State v. J. S., 344 Or. App. 180 (Or. Ct. App. 2025).
“349(2)(a) (requiring older youth to be “of sufficient sophistication and maturity to appreciate the nature and quality of [his] conduct” at the time of the offense before they can be waived to adult court under statutes allowing waiver); and ORS 419C.145(2), (4) (requiring the…”
State v. J. S., 344 Or. App. 180 (Or. Ct. App. 2025).
“349(2)(a) (requiring older youth to be “of sufficient sophistication and maturity to appreciate the nature and quality of [his] conduct” at the time of the offense before they can be waived to adult court under statutes allowing waiver); and ORS 419C.145(2), (4) (requiring the…”
— Or. Rev. Stat. § 419C.145(2)(b) — 1 case
State v. Obeidi, 155 P.3d 80 (Or. Ct. App. 2007).
“725(1) (establishing sentencing provisions when “the defendant is suffering from a severe personality disorder indicating a propensity toward crimes that seriously endanger the life or safety of another”); ORS 419C.145(2)(b) (concerning detention when a “youth’s behavior…”
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