Oregon Chief Justice order outlines major changes coming to pretrial release statewide

PORTLAND, Ore. — Major changes are on the way to how and when people are released from jail before their trials in Oregon, a shakeup due to Senate Bill 48 that was approved by lawmakers in the 2021 session.

It addresses pretrial release, the time between arrest and trial, and provides uniformity to a system that is currently inconsistent across the state.

KATU first broke down gaps and shortcomings in the pretrial process in Multnomah County in a series of KATU Investigations in May.

RELATED | Major changes coming to pretrial release in Multnomah County

A new order from Oregon’s Supreme Court Chief Justice provides insight into how the process will look in Oregon starting on July 1.

First, people will no longer have the chance to pay a security amount and get out of jail right away. Right now, some counties have an automatic security amount tied to specific charges, and if the suspect has the money, the person can pay to get out before appearing before a judge.

The chief justice directed every presiding judge in Oregon, a total of 27 judges for the 36 counties, to make the specific rules for their court’s jurisdiction by July 1.

Broadly, those orders will outline who can be released on recognizance, who will be released with conditions, and who will be held in jail until they appear before a judge.

People who will be released on their recognizance, or their word to show up in court, will mostly be people charged with low-level crimes, like theft, trespassing, or criminal mischief.

Conditional releases cover things like DUII, person misdemeanors (like an assault charge), and certain felonies, as long as the charges aren’t domestic violence-related. The releases would include conditions like pretrial supervision or monitoring.

People charged with more serious felonies, domestic violence charges, all sex crimes, gun charges, and failure to appear in court would be held until they appear before a judge.

That’s a change from the current system. A prior KATU news investigation showed how a defendant charged with luring a minor was released from jail within hours of being booked due to an exception in state law that makes luring a minor a sex crime only if a judge designates it as a sex crime after conviction.

RELATED | Quick release for man accused of luring minor in Portland underscores concerns in system

Presiding judges can tailor the order to their circuit, for example, if they want to make rules to keep people in jail if they have a history of skipping court or continually getting arrested. That is expected to happen in at least some court circuits. Jurisdictions that use risk assessment tools, like Multnomah County, can also continue to use them.

Judges have until July 1 to write these orders. KATU will keep you posted on the progress of those orders in individual counties.