Criminal Trials

ORS 136.290
Limit on custody of defendant prior to trial

  • release if limit exceeded

(1)

Except as provided in ORS 136.295 (Application of ORS 136), 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), 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.

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)

Source

Last accessed
Mar. 11, 2023

REMOVE ADS