(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 [1971 c.323 §§3, 4; 1973 c.836 §235; 1999 c.923 §1; amendments by 1999 c.923 §3 repealed by 2001 c.870 §19]
Section: Previous 136.230 136.240 136.250 136.260 136.270 136.280 136.285 136.290 136.295 136.300 136.310 136.320 136.325 136.330 136.340 NextLast modified: August 7, 2008