Oregon Statutes 136.295 – Application of ORS 136.290; when extensions granted
(1) ORS § 136.290 does not apply to persons charged with crimes that are not releasable offenses under ORS § 135.240 or to persons charged with conspiracy to commit murder, or charged with attempted murder, or to prisoners serving sentences resulting from prior convictions.
Terms Used In Oregon Statutes 136.295
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Testify: Answer questions in court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)(a) If the defendant is extradited from another jurisdiction, the 60-day period shall not commence until the defendant enters the State of Oregon, provided that law enforcement authorities from the other jurisdiction and this state have conducted the extradition with all practicable speed. The original 60-day period shall not be extended more than an additional 60 days, except where delay has been caused by the defendant in opposing the extradition.
(b) For purposes of this subsection, an extradition is presumed to have been conducted with all practicable speed if it has been conducted within 90 days after the date the defendant has been delivered to an agent of this state.
(3) Any reasonable delay resulting from examination or hearing regarding the defendant’s mental condition or competency to stand trial, or resulting from other motion or appeal by the defendant, shall not be included in the 60-day period.
(4)(a) If a victim or witness to the crime in question is unable to testify within the original 60-day period because of injuries received at the time the alleged crime was committed or upon a showing of good cause, the court may order an extension of custody and postponement of the date of the trial of not more than 60 additional days. The court, for the same reason, may order a second extension of custody and postponement of the date of the trial of not more than 60 days, but in no event shall the defendant be held in custody before trial for more than a total of 180 days. A court may grant an extension based upon good cause as described in paragraph (b)(C), (D) or (E) of this subsection only if requested by the defendant or defense counsel or by the court on its own motion.
(b) As used in this subsection, ‘good cause’ means situations in which:
(A) The court failed to comply with ORS § 136.145 and the victim is unable to attend the trial;
(B) The victim or an essential witness for either the state or the defense is unable to testify at the trial because of circumstances beyond the control of the victim or witness;
(C) The attorney for the defendant cannot reasonably be expected to try the case within the 60-day period;
(D) The attorney for the defendant has recently been appointed and cannot be ready to try the case within the 60-day period;
(E) The attorney for the defendant is unable to try the case within the 60-day period because of conflicting schedules;
(F) Scientific evidence is necessary and because of the complexity of the procedures it would be unreasonable to have the procedures completed within the 60-day period;
(G) The defendant has filed notice under ORS § 161.309 of the defendant’s intention to rely upon a defense of insanity, partial responsibility or diminished capacity;
(H) The defendant has filed any notice of an affirmative defense within the last 20 days of the 60-day period;
(I) A claim under ORS § 147.515, or a motion under ORS § 147.522, relating to victims’ rights is pending, the court has considered the factors described in ORS § 147.525 and the court has determined that the trial date should be rescheduled subject to the time limit provided in ORS § 147.525; or
(J) The defendant has received discovery of digital video evidence from a video camera worn upon a law enforcement officer’s person and, though discovery has occurred in a reasonably timely manner, editing of the digital video evidence is necessary.
(5) Any period following defendant’s arrest in which the defendant is not actually in custody shall not be included in the 60-day computation. [1971 c.323 § 5; 1973 c.836 § 236; 1999 c.923 § 2; amendments by 1999 c.923 § 4 repealed by 2001 c.870 § 19; 2003 c.127 § 3; 2009 c.178 § 34; 2009 c.357 § 1; 2015 c.550 § 4]