Section 190.80. Grand jury; release of defendant upon failure of timely grand jury action

Upon application of a defendant who on the basis of a felony complaint
  has been held by a local criminal court for the action of a grand  jury,
  and  who,  at  the  time  of  such order or subsequent thereto, has been
  committed to the custody of the sheriff pending such grand jury  action,
  and  who  has  been  confined  in such custody for a period of more than
  forty-five days, or, in the case of a juvenile  offender,  thirty  days,
  without  the occurrence of any grand jury action or disposition pursuant
  to subdivision one, two or three of section 190.60, the  superior  court
  by  which  such grand jury was or is to be impaneled must release him on
  his own recognizance unless:
    (a)   The lack of a grand  jury  disposition  during  such  period  of
  confinement  was due to the defendant's request, action or condition, or
  occurred with his consent; or
    (b)  The people have shown good cause why such order of release should
  not be issued.  Such good cause must consist of some compelling fact  or
  circumstance  which  precluded  grand  jury action within the prescribed
  period or rendered the same against the interest of justice.