(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 paragraph, 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, the State Court Administrator or the Oregon Criminal Justice Commission 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, the State Court Administrator or the Oregon Criminal Justice Commission 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. [2003 c.385 §1; 2005 c.706 §25]Section: Previous 3.428 3.430 3.432 3.434 3.436 3.438 3.440 3.450 3.510 3.520 3.530 3.540 3.550 3.560 3.570 Next
Last modified: August 7, 2008