72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         House Bill 3363
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                     CHAPTER ................
 
 
                             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 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
 
 
Enrolled House Bill 3363 (HB 3363-B)                       Page 1
 
 
 
  (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. + }
                         ----------
 
 
Passed by House April 22, 2003
 
Repassed by House May 28, 2003
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 23, 2003
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3363 (HB 3363-B)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3363 (HB 3363-B)                       Page 3