Who ultimately decides on the OR release?

The decision regarding an Own Recognizance (OR) release ultimately rests with the courts. When a defendant requests OR release, it is a legal judgment that the court must assess based on various factors, including the nature of the charges, the defendant's criminal history, ties to the community, and flight risk. The court evaluates whether releasing the individual on their own recognizance is appropriate and includes considering the likelihood of the defendant appearing for future court dates.

While the Sheriff’s Department and Court Clerks play supporting roles in the bail process, such as processing requests and managing paperwork, they do not have the authority to make final decisions regarding whether a defendant is released on OR. The Sheriff's Department typically handles the logistical aspects of detaining or releasing individuals but defers to the court's ruling on bail matters. Court Clerks facilitate documentation but do not possess decision-making power over release conditions. This delineation reinforces that the judicial system’s key role is determining matters of liberty.