How to Post Bail in Oregon: 5 Things to Know

In 1974, the state of Oregon outlawed the commercial bail bond system, becoming one of just a handful of states in the U.S. without private bail bond companies. Several efforts since then to reinstate bail bonds have failed. In Oregon, the Pretrial Services Division weighs the risk of all defendants in jail and decides if they should be released or not. Oregon officials say private bail bond companies are interested in making a profit and argue that the wealthy have the advantage with such a system. In Oregon, release from jail should not just be easily available for those with enough money, and a portion of the fees paid for pretrial release of defendants goes to victim restitution. If you are arrested in Oregon, here are 5 things you need to know about getting a pretrial release.

1. 4 Ways to Get Out of Jail

Personal recognizance – This release option does not require any security to be posted by a defendant. However, it is common for the court to include conditions attached to the release. That could be anything from regular drug tests to a requirement that the defendant attend school or go to work and stay away from the victim or any witnesses in the case.

Conditional release – When the court decides that a personal recognizance release may not be sufficient, based on the crime involved, the defendant’s criminal history and his or her connection to the community, conditions that include supervision are added. The defendant could be released to the custody of an individual or organization that monitors and meets regularly with defendants. The individual could be a family member. If the defendant doesn’t fulfill all conditions imposed by the court, he or she will be required to pay the entire amount of the bail for that offense.

Security release – The third pretrial release option in Oregon requires a defendant to put down 10 percent of the bail for the crime as a deposit with the court. A co-signer can be involved as well in coming up with the deposit. If the defendant shows up for all scheduled court hearings, the court keeps 15 pecent of the deposit and returns the rest to the defendant or co-signer. A defendant who does not qualify for either of the three pretrial release options is remanded to jail until the trial begins.

2. How to Get Bail

Each county in the state has a Pretrial Release division and release assistance officers interview each defendant who has been arrested and is eligible for pretrial release. A report then recommends if the defendant should be released or not, and which of the three types of release is most appropriate.

3. What Will Bail Cost

Oregon’s pretrial release program includes fines, fees and assessments, some of which go directly for victim restitution. These are not significant costs in any individual case. In general, the only monetary cost with a pretrial release occurs when a security release is ordered. The court retains 15 percent of that payment, returning the rest to all defendants who show up for their court hearings.

4. How Long Will I Stay in Jail

Oregon’s pretrial release program is designed to minimize the time a defendant who is qualified for a pretrial release must wait in jail. The process can be delayed if a defendant wants to request a lower release deposit or to challenge a decision that he or she should not be released at all. 

5. What if I Miss a Court Appearance

Failure to appear in court is a crime with punishment that varies based on the circumstances involved. If a defendant fails to appear after a pretrial release, an arrest warrant will be issued and the defendant will be given a chance to explain the reason for missing the court appearance. Penalties for failure to appear are in addition to any penalty for the original crime, and officers in the Pretrial Release division will take that arrest into account and may decide a defendant should not be offered a second chance at a pretrial release.