ORS 136.295
Application of ORS 136.290

  • when extensions granted

(1)

ORS 136.290 (Limit on custody of defendant prior to trial) does not apply to persons charged with crimes that are not releasable offenses under ORS 135.240 (Releasable offenses) or to persons charged with conspiracy to commit murder, or charged with attempted murder, or to prisoners serving sentences resulting from prior convictions.

(2)

Intentionally left blank —Ed.

(a)

If the defendant is extradited from another jurisdiction, the 60-day period shall not commence until the defendant enters the State of Oregon, provided that law enforcement authorities from the other jurisdiction and this state have conducted the extradition with all practicable speed. The original 60-day period shall not be extended more than an additional 60 days, except where delay has been caused by the defendant in opposing the extradition.

(b)

For purposes of this subsection, an extradition is presumed to have been conducted with all practicable speed if it has been conducted within 90 days after the date the defendant has been delivered to an agent of this state.

(3)

Any reasonable delay resulting from examination or hearing regarding the defendant’s mental condition or competency to stand trial, or resulting from other motion or appeal by the defendant, shall not be included in the 60-day period.

(4)

Intentionally left blank —Ed.

(a)

If a victim or witness to the crime in question is unable to testify within the original 60-day period because of injuries received at the time the alleged crime was committed or upon a showing of good cause, the court may order an extension of custody and postponement of the date of the trial of not more than 60 additional days. The court, for the same reason, may order a second extension of custody and postponement of the date of the trial of not more than 60 days, but in no event shall the defendant be held in custody before trial for more than a total of 180 days. A court may grant an extension based upon good cause as described in paragraph (b)(C), (D) or (E) of this subsection only if requested by the defendant or defense counsel or by the court on its own motion.

(b)

As used in this subsection, “good cause” means situations in which:

(A)

The court failed to comply with ORS 136.145 (Setting of court dates when presence of victim required) and the victim is unable to attend the trial;

(B)

The victim or an essential witness for either the state or the defense is unable to testify at the trial because of circumstances beyond the control of the victim or witness;

(C)

The attorney for the defendant cannot reasonably be expected to try the case within the 60-day period;

(D)

The attorney for the defendant has recently been appointed and cannot be ready to try the case within the 60-day period;

(E)

The attorney for the defendant is unable to try the case within the 60-day period because of conflicting schedules;

(F)

Scientific evidence is necessary and because of the complexity of the procedures it would be unreasonable to have the procedures completed within the 60-day period;

(G)

The defendant has filed notice under ORS 161.309 (Notice of mental defense) of the defendant’s intention to rely upon a defense of insanity, partial responsibility or diminished capacity;

(H)

The defendant has filed any notice of an affirmative defense within the last 20 days of the 60-day period;

(I)

A claim under ORS 147.515 (Claims), or a motion under ORS 147.522 (Issue that will have impact on trial), relating to victims’ rights is pending, the court has considered the factors described in ORS 147.525 (Rescheduling matters affected by claim, response or motion) and the court has determined that the trial date should be rescheduled subject to the time limit provided in ORS 147.525 (Rescheduling matters affected by claim, response or motion); or

(J)

The defendant has received discovery of digital video evidence from a video camera worn upon a law enforcement officer’s person and, though discovery has occurred in a reasonably timely manner, editing of the digital video evidence is necessary.

(5)

Any period following defendant’s arrest in which the defendant is not actually in custody shall not be included in the 60-day computation. [1971 c.323 §5; 1973 c.836 §236; 1999 c.923 §2; amendments by 1999 c.923 §4 repealed by 2001 c.870 §19; 2003 c.127 §3; 2009 c.178 §34; 2009 c.357 §1; 2015 c.550 §4]
Note: Sections 6 (3) and 8, chapter 12, Oregon Laws 2020 (first special session), provide:
Sec. 6. (3)(a) Notwithstanding ORS 136.290 (Limit on custody of defendant prior to trial) and 136.295 (Application of ORS 136.290), and subject to paragraph (b) of this subsection, during the time in which any declaration of a state of emergency issued by the Governor related to COVID-19, and any extension of the declaration, is in effect, and continuing for 60 days after the declaration and any extension is no longer in effect, the presiding judge of a circuit court may, upon the motion of a party or its own motion, and upon a finding of good cause, order an extension of custody and postponement of the date of the trial beyond the time limits described in ORS 136.290 (Limit on custody of defendant prior to trial) and 136.295 (Application of ORS 136.290).

(b)

Notwithstanding paragraph (a) of this subsection, for a defendant to whom ORS 136.290 (Limit on custody of defendant prior to trial) and 136.295 (Application of ORS 136.290) applies, the presiding judge may not extend custody and postpone the defendant’s trial date if, as a result, the defendant will be held in custody before trial for more than a total of 180 days, unless the court holds a hearing and proceeds as follows:

(A)

If the defendant is charged with a violent felony, the court may deny release upon making the findings described in ORS 135.240 (Releasable offenses) (4), notwithstanding the fact that a court did not previously make such findings; or

(B)

If the defendant is charged with a person crime, the court may set a trial date that results in the defendant being held in custody before trial for more than a total of 180 days, but not more than a total of 240 days, if the court:
(i)
Determines the extension of custody is based upon good cause due to circumstances caused by the COVID-19 pandemic, public health measures resulting from the COVID-19 pandemic or a situation described in ORS 136.295 (Application of ORS 136.290) (4)(b) caused by or related to COVID-19; and
(ii)
Finds, by clear and convincing evidence, that there is a substantial and specific danger of physical injury or sexual victimization to the victim or members of the public by the defendant if the defendant is released, and that no release condition, or combination of release conditions, is available that would sufficiently mitigate the danger.

(c)

The result of a hearing held pursuant to this subsection does not affect the ability of a party to request a modification of the release decision under ORS 135.285 (Modification of release decision).

(d)

This subsection does not authorize a defendant to be held in custody before trial for a period longer than the maximum term of imprisonment the defendant could receive as a sentence under ORS 161.605 (Maximum terms of imprisonment for felonies) and 161.615 (Maximum terms of imprisonment for misdemeanors).

(e)

If the court proceeds under paragraph (b)(B) of this subsection, the defendant shall continue to be eligible for security release and the court may maintain, lower or raise the security amount at the hearing.

(f)

As used in this subsection:

(A)

“Good cause” means situations described in ORS 136.295 (Application of ORS 136.290) (4)(b), circumstances caused by the COVID-19 pandemic or public health measures resulting from the COVID-19 pandemic.

(B)

“Person crime” means a person felony or person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission.

(C)

“Release decision” has the meaning given that term in ORS 135.230 (Definitions for ORS 135.230 to 135.290). [2020 s.s.1 c.12 §6(3)]
Sec. 8. (1) Section 6, chapter 12, Oregon Laws 2020 (first special session), is repealed on December 31, 2022.

(2)

Section 7, chapter 12, Oregon Laws 2020 (first special session), is repealed on December 31, 2021.

(3)

The repeal of section 6, chapter 12, Oregon Laws 2020 (first special session), by subsection (1) of this section does not affect the release status of a defendant determined under section 6 (3), chapter 12, Oregon Laws 2020 (first special session). [2020 s.s.1 c.12 §8; 2021 c.199 §3]

Source: Section 136.295 — Application of ORS 136.290; when extensions granted, https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html.

Notes of Decisions

Person charged with murder is eligible for release subject to ORS 135.240 restriction on availability of bail where proof is evident or presumption strong that person is guilty. Collins v. Foster, 299 Or 90, 698 P2d 953 (1985)

Exception to ORS 136.290 sixty-day release requirement when delay results from motion filed by accused, does not apply to withdrawal motion filed by counsel based on counsel’s conflict of interest. Brophy v. Burks, 307 Or 62, 762 P2d 1017 (1988)

136.001
Right to jury trial
136.005
Challenge to jury panel
136.010
When issue of fact arises
136.030
How issues are tried
136.040
When presence of defendant is necessary
136.050
Reasonable doubt as to degree of crime committed by defendant
136.060
Jointly charged defendants to be tried jointly
136.070
Postponement of trial
136.080
Deposition of witness as condition of postponement
136.090
Procedure for taking deposition
136.100
Filing and use of deposition
136.110
Commitment of defendant after release
136.120
Dismissal when prosecutor unready for trial
136.145
Setting of court dates when presence of victim required
136.210
Jury number
136.220
Challenge for implied bias
136.230
Peremptory challenges
136.240
Challenge of accepted juror
136.250
Taking of challenges
136.260
Selection of alternate jurors
136.270
Oath, conduct and attendance of alternate jurors at trial
136.280
Substitution of alternate for discharged juror
136.285
Priority in trial schedule for defendants in custody
136.290
Limit on custody of defendant prior to trial
136.295
Application of ORS 136.290
136.300
Time limit on appeals to circuit court
136.310
Function of court
136.320
Function of jury
136.325
Jury not to be informed of and not to consider punishment that may be imposed
136.330
Trial procedure
136.345
When attendance of woman officer is required
136.347
Appointment, duties and compensation of woman officer
136.415
Presumption of innocence
136.420
Testimony to be given orally in court
136.425
Confessions and admissions
136.427
Confessions
136.430
Civil laws of evidence in criminal trials
136.432
Limitation on court’s authority to exclude relevant evidence
136.433
Proving previous conviction
136.434
Challenge to validity of previous conviction
136.435
Admissibility of evidence from felony defendant not informed as required under ORS 135.070
136.437
Use of evidence in prosecution of prostitution offense
136.440
Testimony of accomplice
136.445
Motion for acquittal
136.447
Medical records
136.450
Number of jurors required for verdict
136.455
General verdict on plea of not guilty
136.460
Verdict where crime consists of degrees
136.465
Verdict where crime or attempt included within charge
136.470
Conviction or acquittal of one or more of several defendants
136.475
Verdict as to some of several defendants
136.480
Reconsideration of verdict when jury makes mistake as to law
136.485
Reconsideration of verdict which is not general verdict
136.490
Discharge of defendant upon acquittal
136.495
Proceedings after adverse general verdict
136.500
Motion in arrest of judgment
136.505
Effect of allowance of motion
136.515
Order when evidence shows guilt
136.525
Order when evidence is insufficient
136.535
New trial
136.555
Subpoena defined
136.557
Issuance of subpoena by magistrate for witnesses at preliminary examination
136.563
Issuance of subpoena by district attorney for witnesses before grand jury
136.565
Issuance of subpoena by district attorney for witnesses at trial
136.567
Issuance of subpoena for witnesses for defendant
136.570
Application for subpoenas for more than 10 witnesses
136.575
Forms of subpoenas
136.580
Subpoenas when books, papers or documents are required
136.583
Seizure or production of papers, documents or records from recipient
136.585
By whom subpoena is served
136.595
How subpoena is served
136.600
Certain civil procedures applicable in criminal context
136.602
Witness fees payable by county
136.603
Payment of witness who is from outside state or is indigent
136.608
Application procedure
136.611
Court action upon receipt of application
136.612
Hearing
136.614
Witness held in detention facility
136.616
Deposition to perpetuate testimony
136.617
Motion to compel witness who may be incriminated to testify
136.619
Immunity of witness compelled to testify
136.623
Definitions
136.625
Where witness material to proceeding in another state is in this state
136.627
Where witness material to proceeding in this state is in another state
136.633
Immunity of witness from arrest or service of process
136.635
Construction of ORS 136.623 to 136.637
136.637
Short title
136.643
Defendant as witness
136.645
Codefendant as witness
136.655
Spouse as witness
136.675
Conditions for use of testimony of persons subjected to hypnosis
136.685
Required explanations by law enforcement personnel to hypnosis subject
136.695
Evidence obtained in violation of ORS 136.675 or 136.685 inadmissible
136.760
Definitions for ORS 136.765 to 136.785
136.765
Notice to defendant
136.770
Enhancement fact related to offense
136.773
Enhancement fact related to defendant
136.776
Effect of waiver of right to jury trial
136.780
Evidence
136.785
Burden of proof
136.790
Notice to defendant upon remand
136.792
Jury upon remand
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