Chapter 385 Oregon Laws 2003
AN ACT
HB 3363
Relating to drug court programs; and declaring an emergency.
Be It Enacted by the People of the State of
Oregon:
SECTION
1. (1) As used in this section,
“drug court program” means a program in which:
(a)
Individuals who are before the court obtain treatment for substance abuse
issues and report regularly to the court on the progress of their treatment;
and
(b)
A local drug court team, consisting of the court, agency personnel and
treatment and service providers, monitors the individuals’ participation in
treatment.
(2)(a)
The governing body of a county or a treatment provider may establish fees that
individuals participating in a drug court program may be required to pay for
treatment and other services provided as part of the drug court program.
(b)
A court may order an individual participating in a drug court program to pay
fees to participate in the program. Fees imposed under this subsection may not
be paid to the court.
(3)
Records that are maintained by the circuit court specifically for the purpose
of a drug court program must be maintained separately from other court records.
Records maintained by a circuit court specifically for the purpose of a drug
court program are confidential and may not be disclosed except in accordance
with regulations adopted under 42 U.S.C. 290dd-2, including under the
circumstances described in subsections (4) to (6) of this section.
(4)
If the individual who is the subject of the record gives written consent, a
record described in subsection (3) of this section may be disclosed to members
of the local drug court team in order to develop treatment plans, monitor
progress in treatment and determine outcomes of participation in the drug court
program.
(5)
A record described in subsection (3) of this section may not be introduced into
evidence in any legal proceeding other than the drug court program unless:
(a)
The individual who is the subject of the record gives written consent for
introduction of the record; or
(b)
The court finds good cause for introduction. In determining whether good cause
exists for purposes of this subparagraph, the court shall weigh the public
interest and the need for disclosure against the potential injury caused by the
disclosure to:
(A)
The individual who is the subject of the record;
(B)
The individual-physician relationship; and
(C)
The treatment services being provided to the individual who is the subject of
the record.
(6) A court or the State Court Administrator may use records described in subsection (3) of this section and other drug court program information to track and develop statistics about the effectiveness, costs and other areas of public interest concerning drug court programs. A court or the State Court Administrator may release statistics developed under this subsection and analyses based on the statistics to the public. Statistics and analyses released under this subsection may not contain any information that identifies an individual participant in a drug court program.
SECTION 2. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.
Approved by the Governor June 16, 2003
Filed in the office of Secretary of State June 16, 2003
Effective date June 16, 2003
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