(1) In addition to any authority granted under ORS § 137.545, a court may authorize the use of citations to direct its probationers who violate conditions of probation to appear before the court. The following apply to the use of citations under this subsection:

Terms Used In Oregon Statutes 137.553

  • Arrest: Taking physical custody of a person by lawful authority.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Violate: includes failure to comply. See Oregon Statutes 174.100

(a) A court may authorize issuance of citations under this subsection only by officers who are permitted under ORS § 137.545 to make an arrest without a warrant.

(b) Nothing in this subsection limits the authority, under ORS § 137.545, of a parole and probation officer, police officer or other officer to arrest for violation of conditions of probation even if the officer is authorized under this section to issue a citation.

(c) A court may impose any conditions upon an authorization under this subsection that the court considers appropriate. The conditions may include, but are not limited to, requirements that citation authority be sought on a case-by-case basis, provision for citation in all cases that meet certain conditions, allowance of citation for certain types of cases or designation of certain cases where citations shall not be used.

(2) The cited probationer shall appear before the court at the time, date and court specified in the citation. If the probationer fails to appear at the time, date and court specified in the citation, the court may issue a warrant of arrest, upon the request of the supervisor of probation, or upon request of the district attorney, or upon the court’s own motion. [1987 c.761 § 2; 2005 c.264 § 6]

 

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