72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3231
 
                           A-Engrossed
 
                         House Bill 3363
                  Ordered by the House April 14
            Including House Amendments dated April 14
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Allows certain persons to file petition seeking
participation in - }   { + Defines + } drug court program.
 { + Allows county with drug court program to establish fees that
participants must pay. + } Provides for confidentiality of
certain records maintained as part of drug court program.
   { +  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
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 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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