(a) An order made prior to an adjudicatory hearing dismissing or setting aside a delinquency petition;
(b) An order that sets aside a petition for delinquency if the order is made after an adjudicatory hearing in which the youth is found to be within the jurisdiction of the court;
(c) An order made prior to an adjudicatory hearing suppressing or limiting evidence or refusing to suppress or limit evidence; or
(d) An order made prior to an adjudicatory hearing for the return or restoration of things seized.
(2) If the state pursuant to subsection (1) of this section appeals a preadjudicatory order, and the youth is in detention in the same proceeding pursuant to ORS 419C.109, 419C.136, 419C.139, 419C.170 and 419C.173, the juvenile court shall consider release of the youth from detention during the pendency of the appeal in accordance with the following provisions:
(a) When the youth is charged with an act that would be murder if committed by an adult, release shall be denied when the proof is evident or the presumption strong that the youth committed the act.
(b) The youth shall be released upon the youth’s personal recognizance unless release criteria show to the satisfaction of the juvenile court that the youth would not be likely to appear before the court as ordered upon later appearance dates and that such a release is therefore unwarranted. Release criteria include the following:
(A) The youth’s education and employment status and history and financial condition;
(B) The nature and extent of the youth’s family relationships;
(C) The youth’s past and present residences;
(D) The names of persons who agree to assist the youth in attending court at the proper time;
(E) The nature of the current petition;
(F) The youth’s juvenile record, if any, and, if the youth has previously been released pending trial, whether the youth appeared as required;
(G) Any facts indicating the possibility of violations of law if the youth is released without restrictions;
(H) Any facts tending to indicate that the youth has strong ties to the community; and
(I) Any other facts tending to indicate the likelihood that the youth will appear before the court as ordered upon later appearance dates.
(c) If the court finds that release of the youth on the youth’s personal recognizance is unwarranted, it shall order conditional release. The court may impose upon the released youth one or more of the following conditions, but shall impose the least onerous condition reasonably likely to ensure the youth’s later appearance:
(A) Release of the youth into the care of a parent or other responsible person or organization for supervising the youth and assisting the youth in appearing in court. The supervisor shall immediately notify the court in the event that the youth breaches the terms of the conditional release.
(B) Reasonable restrictions on the activities, movements, associations and residences of the youth.
(C) Any other reasonable restriction designed to ensure the youth’s appearance. [2001 c.480 §5; 2003 c.396 §30]
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 419A - Juvenile Code: General Provisions and Definitions
Section 419A.004 - Definitions.
Section 419A.010 - Appointment of counselors and director; juvenile director oversight committee.
Section 419A.012 - Duties of director or counselor.
Section 419A.014 - Reports by juvenile department.
Section 419A.015 - Reports to school administrators concerning adjudicated youths on probation.
Section 419A.020 - County responsibility for expenses of juvenile department.
Section 419A.050 - Authority to acquire, equip and maintain detention and shelter facilities.
Section 419A.052 - Specifications of facilities.
Section 419A.055 - Examination of facilities; capacity limits; standards for release; notice.
Section 419A.057 - Payment of maintenance expenses; admission of adjudicated youths.
Section 419A.059 - Designation of detention and shelter facilities.
Section 419A.063 - Requirements for detention facilities.
Section 419A.092 - Membership; training.
Section 419A.096 - Duties of Judicial Department in administering boards.
Section 419A.100 - Confidentiality of information; penalty.
Section 419A.102 - Access to confidential information by boards; procedure.
Section 419A.106 - Review of cases generally.
Section 419A.107 - Review of cases of adjudicated youths.
Section 419A.108 - Procedure for conflicts of interest.
Section 419A.109 - Review of cases of wards for whom guardian has been appointed; rules.
Section 419A.110 - Immunity of participants in case review.
Section 419A.112 - Disclosure of information to participants in case review; confidentiality.
Section 419A.114 - When presence of agency personnel at board hearings required.
Section 419A.116 - Findings and recommendations; judicial review.
Section 419A.118 - Records; disclosure of findings and recommendations.
Section 419A.120 - Court use of findings and recommendations.
Section 419A.122 - Use of findings and recommendations by Department of Human Services.
Section 419A.128 - State Citizen Review Board Operating Account.
Section 419A.150 - Appointment; qualifications; hearings; orders; rehearings.
Section 419A.208 - Orders subject to appeal by state; effect of appeal of preadjudicatory order.
Section 419A.209 - Joint motion to vacate judgment or order; appeal after reconsideration.
Section 419A.211 - Appointment of counsel.
Section 419A.240 - Use of restraints during juvenile court proceedings.
Section 419A.245 - Use of restraints during transport.
Section 419A.252 - Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256.
Section 419A.255 - Maintenance; disclosure; exceptions to confidentiality.
Section 419A.258 - Motion to inspect or copy records.
Section 419A.260 - Expunction; definitions.
Section 419A.262 - Expunction proceeding; notice to victim.
Section 419A.267 - Notice of expunction; forms.
Section 419A.269 - Effect of expunction; confidentiality violations; penalties.
Section 419A.271 - Appointment of counsel.
Section 419A.300 - Reports to school districts concerning young persons on conditional release.