2017 ORS 136.290¹
Limit on custody of defendant prior to trial
  • release if limit exceeded

(1) Except as provided in ORS 136.295 (Application of ORS 136.290), a defendant shall not remain in custody pending commencement of the trial of the defendant more than 60 days after the time of arrest unless the trial is continued with the express consent of the defendant. Absent the consent of the defendant or an extension under ORS 136.295 (Application of ORS 136.290), the court shall order that the trial of the defendant commence within 60 days after arrest if the state is prepared to proceed to trial.

(2) If a trial is not commenced within the period required by subsection (1) of this section, the court shall release the defendant on the own recognizance of the defendant, or in the custody of a third party, or upon whatever additional reasonable terms and conditions the court deems just as provided in ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court). [1971 c.323 §§3,4; 1973 c.836 §235; 1999 c.923 §1; amendments by 1999 c.923 §3 repealed by 2001 c.870 §19]

Notes of Decisions

This sec­tion is clear and unambiguous in its terms and the defendant’s trial must be commenced within 60 days of his arrest. Price v. Zarbano, 265 Or 126, 508 P2d 182 (1973)

If defendant is eligible for release under statutory scheme, release of defendant is mandatory and court has no discre­tion. Collins v. Foster, 299 Or 90, 698 P2d 953 (1985)

Terms in sec­tion providing that court shall release upon whatever addi­tional reasonable terms and condi­tion court deems just do not include setting security amount which per­son in custody cannot meet. Collins v. Foster, 299 Or 90, 698 P2d 953 (1985)

Language of this statute contains objective criteria and requires mandatory ac­tion that creates liberty interest in being free from incarcera­tion without prompt retrial and trial pro­ce­dures. Oviatt v. Pearce, 954 F2d 1470 (1992)

Sixty day time limit for pretrial custody does not restart when defendant is released from and sub­se­quently returned to custody. State v. McDowell, 352 Or 27, 279 P3d 198 (2012)

1 Legislative Counsel Committee, CHAPTER 136—Criminal Trials, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors136.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 136, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano136.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.