(2) Subsection (1) of this section does not apply to a youth alleged to be within the jurisdiction of the juvenile court for having committed an act that would be murder, attempted murder, conspiracy to commit murder or treason if committed by an adult and if proof of the act is evident or the presumption strong that the youth committed the act. The juvenile court may conduct such hearing as the court considers necessary to determine whether the proof is evident or the presumption strong.

(3)(a) The time limits described in subsection (1) of this section do not apply if:

(A) The court has stayed the proceedings on the petition alleging jurisdiction under ORS 419C.005 pursuant to ORS 419C.378;

(B) The court has not entered an order determining the youth’s fitness to proceed pursuant to a motion made under ORS 419C.378 or the motion has not otherwise been resolved; and

(C) The court holds the review hearings required by ORS 419C.153 and determines that detention of the youth under ORS 419C.145 should continue.

(b)(A) Except as provided in subparagraph (B) of this paragraph, the detention of the youth whose detention has been continued under subsection (3)(a) of this section may be extended for no more than 28 days upon entry of an order determining the youth’s fitness to proceed pursuant to a motion made under ORS 419C.378 or upon other resolution of the motion, and if the court holds the review hearings required by ORS 419C.153 and determines that detention of the youth under ORS 419C.145 should continue.

(B) The detention of the youth may be extended for more than 28 days under this paragraph if expressly agreed to by the youth, and if the court holds the review hearings required by ORS 419C.153 and determines that detention of the youth under ORS 419C.145 should continue. [1993 c.33 §174; 2013 c.709 §12]