Arrest and Related Procedures

ORS 133.807
Commitment to await arrest on requisition


If from the initial examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged, the judge or magistrate must commit the person to jail by a warrant reciting the accusation for a period of at least 45 days to enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused is released as provided in ORS 133.809 (Release), or until the accused shall be legally discharged. The period of time may be extended upon good cause shown demonstrating the need for additional time to allow the executive authority of the state having jurisdiction of the offense to comply with procedural requirements of the Uniform Criminal Extradition Act, 18 U.S.C. 3182, or Article IV, section 2, of the United States Constitution. [Formerly 147.150; 1999 c.553 §1; 2019 c.13 §29]
§§ 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