2021 Regular Session SB 48 A

• At the request of: (at the request of Governor Kate Brown for Oregon Criminal Justice Commission)
• Bill Title: Relating to pretrial release.

Catchline/Summary

Directs Oregon Criminal Justice Commission to study pretrial release and to provide results of study to Legislative Assembly no later than December 31, 2021.]

Sunsets January 2, 2022.]

Takes effect on 91st day following adjournment sine die.]

Directs presiding judge in each judicial district to enter standing pretrial release orders. Directs Chief Justice of Supreme Court to establish guidelines for order.

Requires magistrate to make release decision at arraignment or first appearance except in specified circumstances. Requires magistrate to find that release on personal recognizance is unwarranted before considering conditional release, and requires magistrate to find that conditional release is unwarranted before considering security release.

Requires magistrate to set as security amount lowest possible amount necessary to reasonably ensure defendant's appearance. Requires magistrate to make specified findings before requiring defendant to deposit 10 percent of security amount for security release. Authorizes defendant not required to deposit 10 percent of security amount to execute promissory note for security amount. Provides that if defendant does not comply with conditions of release agreement, court may enter order declaring that promissory note is due or security deposit is forfeited for entire security amount or any other amount court deems appropriate.

Repeals minimum bail amounts for persons charged with Ballot Measure 11 (1994) crimes and certain methamphetamine offenses.

• Fiscal Impact: Fiscal Impact Issued
• Revenue Impact: Has Minimal Revenue Impact
• Current Location: In Senate Committee
• Current Committee: Senate Committee On Rules