(2) A release assistance officer shall, except when impracticable, interview every person detained pursuant to law and charged with an offense. If the person is charged with a person felony or person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission, or with contempt of court for violating a court order protecting or prohibiting contact with another person, the release assistance officer shall make reasonable efforts to contact the victim prior to submitting a report or making a release decision under subsection (3) of this section. If the release assistance officer is able to contact the victim:
(a) Information regarding the victim’s position on release, including whether special release conditions should be imposed, must be included in the report described in subsection (3) of this section, and considered by the release assistance officer if the officer makes the release decision; and
(b) If the information is available, the release assistance officer shall inform the victim of the location, date and time of the defendant’s arraignment or other first appearance.
(3) The release assistance officer shall verify release criteria information and may either:
(a) Timely submit a written report to the magistrate containing, but not limited to, an evaluation of the release criteria and a recommendation for the form of release; or
(b) If delegated release authority by the presiding judge for the judicial district, make the release decision.
(4) As used in this section, "victim" means an individual that the charging instrument indicates is the victim of the alleged offense or the person protected by the court order, whether or not the individual is specifically named, so long as the release assistance officer is able to confirm the identity of the individual. [1973 c.836 §147; 1981 s.s. c.3 §37; 1995 c.781 §40; 2021 c.643 §3]
Note: The amendments to 135.235 by section 3, chapter 643, Oregon Laws 2021, become operative July 1, 2022. See section 9, chapter 643, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience.
(1) If directed by the presiding judge for a judicial district, a release assistance officer, and release assistance deputies who shall be responsible to the release assistance officer, shall be appointed under a personnel plan established by the Chief Justice of the Supreme Court.
(2) The release assistance officer shall, except when impracticable, interview every person detained pursuant to law and charged with an offense.
(3) The release assistance officer shall verify release criteria information and may either:
(a) Timely submit a written report to the magistrate containing, but not limited to, an evaluation of the release criteria and a recommendation for the form of release; or
(b) If delegated release authority by the presiding judge for the judicial district, make the release decision.