The court finds that there is sufficient evidence to establish the trustworthiness of the confession.
In making the determination described in subsection (1)(f) of this section, the court shall consider the following factors, in addition to other factors the court considers important:
Whether there is evidence demonstrating the truthfulness of portions of the confession;
Whether the defendant had the opportunity to commit the crime;
The method of interrogation used to solicit the confession; and
Whether the defendant is a vulnerable person.
The state shall file notice of the intention to rely on this section within 60 days of the arraignment, or of the defendant’s entry of the initial plea on an accusatory instrument, whichever is sooner. The court shall grant the state an extension for good cause shown.
When the state files the notice described in subsection (3) of this section, the court shall conduct a hearing prior to trial. After the hearing, the court shall enter an order that indicates whether the confession alone is sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed.
As used in this section:
“Activities of daily living” includes dressing, eating, toileting, bathing, exercising appropriate personal hygiene practices and moving from place to place.
A person who, as the result of a diagnosed medical condition, requires assistance in two or more activities of daily living. [2009 c.875 §2]Note: 136.427 (Confessions) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.