Oregon Revised Statutes Chapter 3 § 3.450 — Treatment court programs; fees; records

Treatment court programs; fees; records. (1) As used in this section: (a) “Individual-provider relationship” includes a relationship between an individual and a physician, a physician associate or nurse practitioner. (b)(A) “Treatment court program” means a program: (i) In which individuals are before the court to obtain treatment for substance abuse issues, mental health issues or other behavioral health issues and report regularly to the court on the progress of their treatment; (ii) In which a local treatment court team, consisting of the court, agency personnel and treatment and service providers, monitors the individual’s participation in treatment; and (iii) That substantially adheres to the treatment court standards developed by the Oregon Criminal Justice Commission under ORS 137.680. (B) “Treatment court” includes an adult drug court, a veterans’ treatment court, a juvenile treatment court, a treatment court for driving while under the influence of intoxicants offenses, a mental health court, a family treatment court or any other similar court that meets the requirements of subparagraph (A) of this paragraph. (2)(a) The governing body of a county or a treatment provider may establish fees that individuals participating in a treatment court program may be required to pay for treatment and other services provided as part of the treatment court program. (b) A court may order an individual participating in a treatment 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 treatment court program must be maintained separately from other court records. The Chief Justice of the Supreme Court shall designate a case management system to be used for maintaining treatment court program records, and the records for each treatment court program must be maintained in the designated system for any treatment court program provided with access to the system. The treatment court program shall use the case management system for case management, monitoring and evaluation as required by the standards developed pursuant to ORS 137.680. Records maintained by a circuit court specifically for the purpose of a treatment 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 (7) 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 treatment court team in order to develop treatment plans, monitor progress in treatment and determine outcomes of participation in the treatment 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 treatment 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-provider 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, the Alcohol and Drug Policy Commission or the Oregon Criminal Justice Commission: (a) May use records described in subsection (3) of this section and other treatment court program information to track and develop statistics about the effectiveness, costs and other areas of public interest concerning treatment court programs. (b) May release statistics developed under paragraph (a) of this subsection and analyses based on the statistics to the public. (7) Statistics and analyses released under subsection (6) of this section may not contain any information that identifies an individual participant in a treatment court program. [2003 c.385 §1; 2005 c.706 §25; 2011 c.673 §3; 2014 c.45 §1; 2024 c.73 §15; 2025 c.151 §3]