Oregon Revised Statutes

Or. Rev. Stat. § 133.809 (2026)

Release

✓ current as of May 2026

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133.809 Release. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge or magistrate must make a release decision concerning the person arrested under ORS 135.230 to 135.290, for the appearance of the person at a time specified in the security release or in the release agreement. [Formerly 147.160]

133.810 [Amended by 1973 c.836 §141; renumbered 135.175]

Notes of Decisions

Cited in 3 cases, 1981–2002 · leading case: Application of Carden, 635 P.2d 341 (Or. 1981).

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Application of Carden, 635 P.2d 341 (Or. 1981). · cites it 12× “” As a follow-up on August 7, 1981, the court entered an order in which it found: “Upon the filing of the Governor’s Warrant of Arrest and Extradition, this Court lacks jurisdiction to make a release decision pursuant to ORS 133.809, regardless of the circumstances of a…”

State v. Tally, 57 P.3d 592 (Or. Ct. App. 2002). “See ORS 133.809 (providing that, when a person is arrested pursuant to the Uniform Criminal Extradition Act, ORS 133.”

State ex rel. Eggleston v. Hatrak, 636 P.2d 1017 (Or. Ct. App. 1981). “g committed the crime alleged, the judge or magistrate must commit him to jail by a warrant reciting the accusation for such a time specified in the warrant as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive…”

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