Arrest and Related Procedures

ORS 133.747
Fugitives from other states

  • Governor to cause arrest and delivery of criminals


Subject to the qualifications of ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.857 (Payment of agent’s expenses) and the provisions of the Constitution of the United States controlling, and Acts of Congress in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state. [Formerly 147.020]

See also annotations under ORS 147.020 in permanent edition.

Notes of Decisions

Person who violates terms of parole imposed by demanding state qualifies by virtue of underlying conviction as person who has been "charged" with crime in that state. Hidalgo v. Purcell, 6 Or App 513, 488 P2d 858 (1971), Sup Ct review denied

When criminal defendants escape from custody, apprehension is an administrative, not a judicial, function. Ault/Gilbert v. Purcell, 16 Or App 664, 519 P2d 1285 (1974), Sup Ct review denied

Person who, after arrival in Oregon, violates terms of parole, probation or other form of community supervision imposed for offense committed in demanding state has "fled" from justice. Betschart v. Spinden, 172 Or App 668, 20 P3d 202 (2001), Sup Ct review denied

§§ 133.743 to 133.857

See also annotations under ORS chapter 147 in permanent edition.

Notes of Decisions

This Act was adopted to facilitate the interjurisdictional transfer of prisoners. Bishop v. Cupp, 7 Or App 349, 490 P2d 524 (1971)

Interjurisdictional transfers to clear up charges protect the prisoner's constitutional right to a speedy trial and the state's interest in the orderly administration of justice. Bishop v. Cupp, 7 Or App 349, 490 P2d 524 (1971)


Source

Last accessed
Jun. 26, 2021