ORS 419C.153
Detention review or release hearing
(1)
Except as provided in subsection (2) of this section, any youth ordered detained under ORS 419C.145 (Preadjudication detention), 419C.150 (Time limitations on detention) and 419C.156 (Detention of runaway from another state) shall have a review hearing at least every 10 days, excluding Saturdays, Sundays and judicial holidays. At the review hearing the court shall determine whether sufficient cause exists to require continued detention of the youth. In addition, the court may review and may confirm, revoke or modify any order for the detention or release of the youth under this section or ORS 419C.109 (Initial disposition of youth taken into custody), 419C.136 (Temporary hold to develop release plan), 419C.139 (Speedy hearing on detention cases), 419C.145 (Preadjudication detention), 419C.150 (Time limitations on detention) or 419C.156 (Detention of runaway from another state) and, in the event that the youth is alleged to have committed an offense which if committed by an adult would be a misdemeanor or Class C felony, may do so ex parte. Release of a youth may not be revoked, however, except upon a finding that the youth may be detained under this section or ORS 419C.145 (Preadjudication detention), 419C.150 (Time limitations on detention) and 419C.156 (Detention of runaway from another state), and after a hearing is held in accordance with ORS 419C.109 (Initial disposition of youth taken into custody), 419C.136 (Temporary hold to develop release plan) and 419C.139 (Speedy hearing on detention cases).(2)
Intentionally left blank —Ed.(a)
Any youth detained under ORS 419C.145 (Preadjudication detention), 419C.150 (Time limitations on detention) and 419C.156 (Detention of runaway from another state) in whose case the state has filed a request for a waiver hearing under ORS 419C.349 (Grounds for waiving youth to adult court) (1) shall have a review hearing every 30 days at which:(A)
The court shall require the parties to describe the efforts made toward expeditious case resolution, considering public safety and the youth’s continued placement in detention as paramount concerns, and the court shall identify opportunities for judicial intervention to assist the parties with resolution of any outstanding issues; and(B)
The court may, upon the request of the youth or at the discretion of the court, determine whether sufficient cause exists to require continued detention of the youth. In addition, the court may review and may confirm, revoke or modify any order for the detention or release of the youth under this subsection or ORS 419C.109 (Initial disposition of youth taken into custody), 419C.136 (Temporary hold to develop release plan), 419C.139 (Speedy hearing on detention cases), 419C.145 (Preadjudication detention), 419C.150 (Time limitations on detention) or 419C.156 (Detention of runaway from another state). Release of a youth may not be revoked, however, except upon a finding that the youth may be detained under this section or ORS 419C.145 (Preadjudication detention), 419C.150 (Time limitations on detention) or 419C.156 (Detention of runaway from another state), and after a hearing is held in accordance with ORS 419C.109 (Initial disposition of youth taken into custody), 419C.136 (Temporary hold to develop release plan) and 419C.139 (Speedy hearing on detention cases).(b)
Upon filing with the court of a written waiver signed by the youth and the youth’s counsel, the court may waive the youth’s presence at a review hearing under this subsection.(3)
If a youth intends to request release at a review hearing under subsection (1) or (2) of this section, the youth’s counsel must notify the district attorney of the youth’s intent to request release at least five days prior to the date of the review hearing.(4)
If a victim requests, the district attorney or juvenile department shall notify the victim of a review hearing under subsection (1) or (2) of this section. [1993 c.33 §175; 2003 c.687 §12; 2007 c.609 §16; 2021 c.241 §2]
Source:
Section 419C.153 — Detention review or release hearing, https://www.oregonlegislature.gov/bills_laws/ors/ors419C.html.
Up to date