Chapter 458 Oregon Laws 2003

AN ACT

HB 2381

Relating to criminal procedure; amending ORS 138.145.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 138.145 is amended to read:

138.145. If the confinement designated by the court is the custody of the Department of Corrections, the defendant [shall be retained in the place of original custody for a period of at least 48 hours prior to being taken to the designated institution, unless the defendant elects to be taken to such institution without delay or is released pending appeal. The court shall order] may be taken to a designated intake center during normal business hours unless prior arrangements have been made with the department. To the extent possible, the county taking a defendant to a designated intake center shall notify the department one business day prior to the defendant’s arrival. The county may not take the defendant to a designated intake center if the court has ordered the retention of the defendant at the place of original custody [or restoration thereto, if required] for the period of time deemed necessary by the court for preparation of an appeal[, at such times and for such periods as may be deemed necessary by the court].

Approved by the Governor June 24, 2003

Filed in the office of Secretary of State June 24, 2003

Effective date January 1, 2004

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