ORS 136.290: Limit on custody of defendant prior to trial; release if limit exceeded.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Except as provided in ORS 136.295, 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, 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. (2) If a trial is not commenced within the period required by subsection (1) of this section, the court shall release the defendant on the own recognizance of the defendant, or in the custody of a third party, or upon whatever additional reasonable terms and conditions the court deems just as provided in ORS 135.230 to 135.290. [1971 c.323 §§3,4; 1973 c.836 §235; 1999 c.923 §1; amendments by 1999 c.923 §3 repealed by 2001 c.870 §19]
This rule cites
- ORS 136.295 — resolved
- ORS 135.230 — resolved
- 135.290 — resolved
Cited by
- ORS 1.002: Supreme Court; Chief Justice as administrative head of judicial department; rules; presiding judges as administrative heads of courts.
- SLR 1-6.013: Criminal Settlement Conferences
- SLR 4-4.109: ATTORNEY SUBSTITUTIONS AND WITHDRAWALS
- SLR 10-7.111: Time Lines
- ORS 136.295: Application of ORS 136.290; when extensions granted.
- ORS 147.525: Rescheduling matters affected by claim, response or motion.
- ORS 147.542: Stay pending appeal.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors136.html