72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 3363
 
LC 3231/HB 3363-3
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3363
 
                    By COMMITTEE ON JUDICIARY
 
                            April 14
 
  On page 1 of the printed bill, line 2, after 'programs ' insert
'; and declaring an emergency'.
  Delete lines 4 through 31 and delete page 2 and insert:
  '  { +  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 providers, monitors the individuals'
participation in treatment.
  ' (2)(a) The governing body of a county in which a drug court
program exists may establish fees that individuals participating
in the 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 in the amount and in the manner
directed by the county. Fees imposed under this subsection may
not be paid to the court.
  ' (3)(a) Except as otherwise provided in paragraphs (b) to (d)
of this subsection, records maintained by a circuit court as part
of a drug court program are confidential and may not be disclosed
if the records are maintained separate from other court records
and are maintained specifically for purposes of the drug court
program.
  ' (b) A record described in paragraph (a) of this subsection
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.
  ' (c) A record described in paragraph (a) of this subsection
may not be introduced into evidence in any legal proceeding other
than the drug court program unless:
  ' (A) The subject of the record gives written consent for
introduction of the record; or
  ' (B) The court finds that the relevance of the record
outweighs the prejudicial effect of introducing the record.
  ' (d) A court or the State Court Administrator may use records
described in paragraph (a) of this subsection 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
paragraph and analyses based on the statistics to the public.
Statistics and analyses released under this paragraph 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. + } ' .
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