New pretrial release policy takes effect

Jul. 6—A new Oregon law directs courts to take a more consistent approach when deciding which offenders should stay in jail before trial.

The law, which went into effect on Friday, replaces the state's bail schedule with pretrial release criteria tied to the seriousness of the charges and an offender's criminal history.

The goal is to have a standardized pretrial release program throughout the state and to move away from a system where an offender's release depends on how much money they have available, according to Julie Vredeveld, the trial court administrator at Clatsop County Circuit Court.

The changes were approved by the state Legislature and signed into law by Gov. Kate Brown last year. Oregon Supreme Court Chief Justice Martha Walters issued guidelines in June to help courts comply with the law.

Under these guidelines, offenders are sorted into one of three categories based on the nature of the charges and potential risk factors. Judge Dawn McIntosh, the presiding judge of the Clatsop County Circuit Court, signed an order establishing these categories for her judicial district.

In category No. 1, offenders who commit low-level misdemeanors and felonies can be released on their own recognizance.

Category No. 2 includes offenders with higher-level misdemeanors or class B or C felonies whose crimes don't include domestic violence. They can be released with court-imposed conditions.

Offenders in category No. 3 are alleged to have committed the most serious crimes, such as domestic violence, violent felonies and sex abuse. They will be held until they appear before a judge.

For the past several years, Clatsop County has used a pretrial release program with some of the same tools as the new order. These include a risk assessment tool that helps the sheriff's office determine which offenders can be released safely and under what conditions.

The county adopted the pretrial release policy amid concerns about overcrowding at the county jail in Astoria and the fact that too many offenders were locked up before trial.

"We are really fortunate in Clatsop County that we had a very effective and well-designed pretrial release program, so much of our pretrial release in Clatsop will stay the same," Vredeveld said. "The big difference is that, instead of people using money to get out of jail, the jail will follow the information as laid out in that presiding judge order. So I think it will feel very similar from the outside."

Although the county's pretrial release program has been replaced with a new one, the two are similar enough that the impact to the county won't be as drastic as elsewhere, according to Judge McIntosh.

"I don't think it's going to have a dramatic impact on who gets out of jail in Clatsop County and who doesn't," she said, "except that folks that are safe to release into the community, but don't have enough money and are charged with a crime that previously would have necessitated bail, can be released."

In addition, people who commit serious crimes, and would previously have been released after posting a substantial bail, can now be held.

The new order allows certain conditions to override the category criteria. If an offender isn't capable of understanding the pretrial release program, or poses a credible threat of violence to people associated with the case, they may be slotted into a different category.

Sheriff Matt Phillips will still be able to manage the jail population and accommodate additional holds based on available beds.

Phillips said it is good that the law creates more uniformity in how courts use pretrial processes throughout the state.

"There are some things that I think a lot of us in law enforcement see as concerning," he added.

For example, a person could be released if the victim isn't a human being. Category 2 could allow crimes against animals to result in a conditional release — the suspect wouldn't be allowed to have pets — unless other factors in the offender's history qualifies them for an override and allows the jail to hold them until arraignment.

In the old system, anyone arrested for a crime could be held. "So there's a few things that raise eyebrows," Phillips said.

The sheriff, Judge McIntosh and Vredeveld believe it is too early to predictthe effects.

McIntosh imagines there could be legal challenges to the law. "It'll be interesting to see how everything plays out," she said.