Oregon Revised Statutes

Or. Rev. Stat. § 135.767 (2026)

Presence of prisoner at proceedings

✓ current as of May 2026

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135.767 Presence of prisoner at proceedings. (1) Whenever the presence of an adult in the custody of the Department of Corrections or of the supervisory authority of a county pursuant to a commitment under ORS 137.124 (2) is necessary in any criminal proceeding under ORS 135.760 to 135.773, the court wherein the adult in custody is charged with the commission of a crime may:

(a) Issue an order directing the Director of the Department of Corrections or the supervisory authority of a county to surrender the adult in custody to the sheriff of the county where the adult in custody is to be tried; or

(b) Ensure that arrangements for the adult in custody to appear by simultaneous electronic transmission as described in ORS 131.045 have been made.

(2) The county where an adult in custody is charged with commission of a crime shall pay the costs of:

(a) Transportation and maintenance of the adult in custody removed under this section; or

(b) Providing for the adult in custody to appear by simultaneous electronic transmission.

(3) If an adult in custody is transported under this section for a criminal proceeding under ORS 135.760 to 135.773, at the conclusion of the proceeding, notwithstanding the provisions of ORS 137.167, the adult in custody shall be returned by the sheriff to the custody of the Department of Corrections or the supervisory authority of the county in which the adult in custody is imprisoned.

(4) The time during which an adult is in the custody of the sheriff under this section is part of and shall be counted as time served under the original sentence. [Formerly 134.540; 1983 c.740 §14; 1987 c.320 §20; 1995 c.423 §9c; 2005 c.566 §8; 2019 c.213 §18]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2008–2021 · leading case: State v. Becker, 197 P.3d 44 (Or. Ct. App. 2008).

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State v. Becker, 197 P.3d 44 (Or. Ct. App. 2008). · cites it 3× “” *63 Finally, ORS 135.767 provides for transport and return of an inmate from the custody of one county or state correctional facility to another for the purposes of appearing at a criminal proceeding under ORS 135.”

Monical v. Winters (D. Or. 2021). “Plaintiff contends that he was “a pre-trail detainee while at the Jackson County Jail under Oregon statute ORS 135.767, and not under contract with the Oregon Department of Corrections (ODOC) to be housed and punished under conviction by Jackson the county sheriff.”

— Or. Rev. Stat. § 135.767(l)(a) — 1 case

State v. Becker, 197 P.3d 44 (Or. Ct. App. 2008). “” *63 Finally, ORS 135.767 provides for transport and return of an inmate from the custody of one county or state correctional facility to another for the purposes of appearing at a criminal proceeding under ORS 135.”

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