Chapter 52 Oregon Laws 2008 Special Session
AN ACT
SB 1095
Relating to methamphetamine.
Be It Enacted by the People of
the State of
SECTION 1. (1)
When a defendant is charged with an offense described in subsection (7) of this
section, the court may not release the defendant on any form of release other
than a security release and shall set a security amount of not less than
$500,000 if the court finds:
(a) Except when the
defendant is charged by indictment, that there is probable cause to believe
that the defendant committed the crime; and
(b) By clear and
convincing evidence that there is a danger that the defendant will:
(A) Fail to appear in
court at all appropriate times;
(B) Commit a new
criminal offense; or
(C) Pose a threat to the
reasonable protection of the public.
(2) If the defendant
wants to have a hearing on the issue of release, the defendant must request the
hearing at the time of arraignment in circuit court. If the defendant requests
a release hearing, the court must hold the hearing within five days of the
request.
(3) At the release
hearing, unless the state stipulates to the setting of a security amount less
than $500,000, the court shall make the inquiry set forth in subsection (1) of
this section. The state has the burden of producing evidence at the release
hearing subject to ORS 40.015 (4).
(4) The defendant may be
represented by counsel and may present evidence on any relevant issue. However,
the hearing may not be used for purposes of discovery.
(5) If the court
determines that the defendant is eligible for a security amount of less than
$500,000, the court shall reduce the security amount to an amount not less than
$50,000 and may set other appropriate conditions of release.
(6) When a defendant who
has been released after posting the security amount described in subsection (5)
of this section violates a condition of release and the violation:
(a) Constitutes a new
criminal offense, the court shall cause the defendant to be taken back into
custody and shall impose a security amount of not less than $500,000.
(b) Does not constitute
a new criminal offense, the court may order the defendant to be taken back into
custody, may order the defendant held pending trial and may set a security
amount of not less than $250,000.
(7) The offenses to
which subsection (1) of this section applies are:
(a) Manufacture of
methamphetamine under ORS 475.886.
(b) Manufacture of
methamphetamine within 1,000 feet of a school under ORS 475.888.
(c) Delivery of
methamphetamine within 1,000 feet of a school under ORS 475.892.
(d) Delivery of
methamphetamine under ORS 475.890 if the delivery involves:
(A) Substantial
quantities of methamphetamine under ORS 475.900 (1)(a)(C); or
(B) A commercial drug
offense under ORS 475.900 (1)(b).
(e) Delivery of
methamphetamine to a minor under ORS 475.906.
(8) Nothing in this
section affects the ability of a county court or board of commissioners of a
county to adopt or implement a jail capacity limit and action plan under ORS
169.042 to 169.046.
SECTION 2. Section
1 of this 2008 Act is added to and made a part of ORS 135.230 to 135.290.
Approved by the Governor March 11, 2008
Filed in the office of Secretary of State March 11, 2008
Effective date January 1, 2009
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