ORS 419C.150
Time limitations on detention
- exceptions
(1)
Except as otherwise provided in this section, a youth may be held in detention under this section and ORS 419C.145 (Preadjudication detention), 419C.153 (Detention review or release hearing) and 419C.156 (Detention of runaway from another state) for a maximum of 28 days except for good cause shown prior to the expiration of the 28-day period. If good cause for continued detention is shown, the period of detention may be extended for no more than an additional 28 days unless the adjudication is continued with the express consent of the youth.(2)
Subsection (1) of this section does not apply to a youth alleged to be within the jurisdiction of the juvenile court for having committed an act that would be murder, attempted murder, conspiracy to commit murder or treason if committed by an adult and if proof of the act is evident or the presumption strong that the youth committed the act. The juvenile court may conduct such hearing as the court considers necessary to determine whether the proof is evident or the presumption strong.(3)
Intentionally left blank —Ed.(a)
The time limits described in subsection (1) of this section do not apply if:(A)
The court has stayed the proceedings on the petition alleging jurisdiction under ORS 419C.005 (Jurisdiction) pursuant to ORS 419C.378 (Motion for finding that youth is unfit to proceed);(B)
The court has not entered an order determining the youth’s fitness to proceed pursuant to a motion made under ORS 419C.378 (Motion for finding that youth is unfit to proceed) or the motion has not otherwise been resolved; and(C)
The court holds the review hearings required by ORS 419C.153 (Detention review or release hearing) and determines that detention of the youth under ORS 419C.145 (Preadjudication detention) should continue.(b)
Intentionally left blank —Ed.(A)
Except as provided in subparagraph (B) of this paragraph, the detention of the youth whose detention has been continued under paragraph (a) of this subsection may be extended for no more than 28 days upon entry of an order determining the youth’s fitness to proceed pursuant to a motion made under ORS 419C.378 (Motion for finding that youth is unfit to proceed) or upon other resolution of the motion, and if the court holds the review hearings required by ORS 419C.153 (Detention review or release hearing) and determines that detention of the youth under ORS 419C.145 (Preadjudication detention) should continue.(B)
The detention of the youth may be extended for more than 28 days under this paragraph if expressly agreed to by the youth, and if the court holds the review hearings required by ORS 419C.153 (Detention review or release hearing) and determines that detention of the youth under ORS 419C.145 (Preadjudication detention) should continue.(4)
Intentionally left blank —Ed.(a)
The time limits described in subsection (1) of this section do not apply if:(A)
The state has filed a motion requesting waiver under ORS 419C.349 (Grounds for waiving youth to adult court);(B)
The motion has not been resolved; and(C)
The court holds the review hearings required by ORS 419C.153 (Detention review or release hearing) and determines that detention of the youth should continue.(b)
Intentionally left blank —Ed.(A)
Except as provided in subparagraph (B) of this paragraph, the detention of the youth whose detention has been continued under paragraph (a) of this subsection may be extended for no more than 28 days upon entry of an order denying a motion for waiver hearing or an order denying waiver, and if the court holds the review hearings required by ORS 419C.153 (Detention review or release hearing) and determines that detention of the youth should continue.(B)
The detention of the youth may be extended for more than 28 days under this paragraph if expressly agreed to by the youth, and if the court holds the review hearings required by ORS 419C.153 (Detention review or release hearing) and determines that detention of the youth should continue. [1993 c.33 §174; 2013 c.709 §12; 2021 c.241 §1]
Source:
Section 419C.150 — Time limitations on detention; exceptions, https://www.oregonlegislature.gov/bills_laws/ors/ors419C.html.
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