Oregon Supreme Court order requires more people to be held in jail for drug crimes
PORTLAND, Ore. (KOIN) – A new order issued Wednesday from Oregon Supreme Court Chief Justice Meagan A. Flynn requires more people arrested for serious drug crimes to be held in jail until their court appearance, the Oregon Judicial Department announced.
“This order allows more people charged with drug crimes that pose the greatest risk to public health and safety to be held until a judge determines whether they can be released with conditions to ensure public safety and future court appearances,” Chief Justice Flynn said. “It also will allow local presiding judges to tailor additional requirements to address local public safety priorities and resources.”
The order comes after Oregon lawmakers passed House Bill 4002, which recriminalized small drug possession and directed the chief justice to evaluate the pretrial release guidelines.
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Under the order, people who are arrested for crimes involving the delivery or manufacture of controlled substances, or a controlled substance offense involving minors, will be held in custody between their arrest and appearance before a judge.
Officials said the first court appearance usually happens on the first court day after the weekend or no more than 36 hours after arrest.
From there, the judge will decide if the person will be released, typically with conditions to ensure public safety and their next court appearance, or if they will remain in jail subject to posting bail.
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The new order also allows the presiding judge for each circuit court to update their release orders to include person-specific overriding circumstances for all offenses involving the delivery and manufacture of controlled substances in order to address public safety concerns.
Officials said those circumstances may include if the person possessed a “substantial quantity” of drugs, committed a commercial drug offense, possessed a particular type of controlled substance, used a gun, or has a history of arrests or failing to appear in court.
Chief Justice Flynn began the review of pretrial release guidelines in January 2024.
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In March, Oregon lawmakers passed House Bill 4002, which rolled back voter-approved Measure 110 and re-criminalized small drug possession.
That bill, signed into law by Gov. Tina Kotek, also expanded the conduct subject to crimes involving delivery of a controlled substance, increased penalties for different types of drug possession offenses, and directed the chief justice to evaluate the pretrial release guidelines.
Before issuing the order, Chief Justice Flynn received recommendations from a criminal justice advisory committee and presiding judges across the state.
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The updated guidelines modify those developed under Senate Bill 48, which passed in 2021.
That bill moved Oregon away from automatic bail release before arraignment based on charges, and instead toward risk-based release decisions with conditions to ensure court appearances and community safety.
The old system allowed people who could afford to post bail to be released before arraignment regardless of their risk of appearing in court or committing new crimes, officials said, adding those who could not afford bail would stay in jail regardless of their risk of committing new crimes.
Oregon’s pretrial release guidelines include three categories: release on recognizance, release with court-imposed conditions, and hold for arraignment.
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A fourth guideline allows circuit courts to move defendants from one category to another based on “overriding circumstances” in addition to circumstances related to drug crimes.
These circumstances can include:
A score from a risk assessment tool
Prior criminal record
Outstanding warrants
A threat of violence to a victim, law enforcement officer, or anyone connected to the case
Prior failure to appear or other violations of release conditions.
Officials said the drug offenses moved into the “hold until arraignment” category by Wednesday’s order are classified as crime seriousness category 8 under Oregon’s Felony Sentencing Guidelines and have a presumptive prison sentence or are controlled substance offenses involving minors.
Other offenses that were already in the “hold until arraignment” category include all Class A felonies and violent felonies, sex crimes, and crimes related to domestic violence or firearms.
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