Limitation on time defendant held prior to trial
- • release of defendant 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 [1971 c.323 §§3, 4; 1973 c.836 §235; 1999 c.923 §1; amendments by 1999 c.923 §3 repealed by 2001 c.870 §19]
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