Oregon Revised Statutes

Or. Rev. Stat. § 136.295 (2026)

Application of ORS 136.290; when extensions granted

✓ current as of May 2026

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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.

(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;

(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]

Notes of Decisions

Cited in 18 cases (6 in the last 5 years), 1973–2025 · leading case: Benjamin v. O'Donnell, 372 Or. 764 (Or. 2024).

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Benjamin v. O'Donnell, 372 Or. 764 (Or. 2024). · cites it 38× “230 to 135.295. A defendant is eligible for pretrial release unless (1) the defendant is charged with murder, treason, or a violent felony; and (2) a court makes certain findings.”

S060295 State v. McDowell, 279 P.3d 198 (Or. 2012). · cites it 7× “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.”

Collins v. Foster, 698 P.2d 953 (Or. 1985). · cites it 6× “290: “(1) Except as provided in ORS 136.295, a defendant shall not remain in custody pending commencement of his trial more than 60 days after the time of his arrest unless the trial is continued with his express consent.”

State v. Potter, 234 P.3d 1073 (Or. Ct. App. 2010). · cites it 2× “See ORS 136.295(1) (“ORS 136.290 does not apply to * * * prisoners serving sentences resulting from prior convictions.”

State v. Biscotti, 182 P.3d 269 (Or. Ct. App. 2008). “In ORS 136.295(4)(b), for example, the legislature listed specific circumstances that constitute “good cause” to extend a 60-day deadline for trying a defendant who is in custody.”

Betschart v. Washington Cnty. Circuit Court Judges, 103 F.4th 607 (9th Cir. 2024). “Or. Rev. Stat. § 136.295 (1) (requirement does not apply to many violent felony cases).”

State v. Benoit, 311 P.3d 874 (Or. 2013). “290; ORS 136.295 (4)(a). In the case of a violation, by contrast, law enforcement options are much more limited.”

Rodriguez-Moreno v. State of Oregon, 145 P.3d 256 (Or. Ct. App. 2006). “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.”

State v. Becker, 37 P.3d 252 (Or. Ct. App. 2002). · cites it 2× “290, which provides, in part: “(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.”

Johnson v. Premo, 346 P.3d 686 (Or. Ct. App. 2015). · cites it 2× “290 provides: “(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.”

State v. Gutierrez, 11 P.3d 690 (Or. Ct. App. 2000). “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.” Defendant was indicted in October 1998 but was not arraigned and…”

Show all 18 citing cases →

— Or. Rev. Stat. § 136.295(1) — 4 cases

Collins v. Foster, 698 P.2d 953 (Or. 1985). “290: “(1) Except as provided in ORS 136.295, a defendant shall not remain in custody pending commencement of his trial more than 60 days after the time of his arrest unless the trial is continued with his express consent.”

Benjamin v. O'Donnell, 372 Or. 764 (Or. 2024). “230 to 135.295. A defendant is eligible for pretrial release unless (1) the defendant is charged with murder, treason, or a violent felony; and (2) a court makes certain findings.”

State v. Potter, 234 P.3d 1073 (Or. Ct. App. 2010). “See ORS 136.295(1) (“ORS 136.290 does not apply to * * * prisoners serving sentences resulting from prior convictions.”

— Or. Rev. Stat. § 136.295(2) — 2 cases

— Or. Rev. Stat. § 136.295(3) — 5 cases

State v. Potter, 234 P.3d 1073 (Or. Ct. App. 2010). “See ORS 136.295(1) (“ORS 136.290 does not apply to * * * prisoners serving sentences resulting from prior convictions.”

Brophy v. Burks, 762 P.2d 1017 (Or. 1988).

State v. Slaughter, 566 P.3d 625 (Or. 2025).

— Or. Rev. Stat. § 136.295(4) — 2 cases

— Or. Rev. Stat. § 136.295(4)(a) — 5 cases

S060295 State v. McDowell, 279 P.3d 198 (Or. 2012). “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.”

State v. Britt, 557 P.3d 524 (Or. Ct. App. 2024).

State v. Britt (Or. Ct. App. 2024).

— Or. Rev. Stat. § 136.295(4)(b) — 1 case

— Or. Rev. Stat. § 136.295(5) — 3 cases

S060295 State v. McDowell, 279 P.3d 198 (Or. 2012). “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.”

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