to 147.550. [2009 c.178 �18]

147.500 to 147.550. [2009 c.178 �18]

����� Note: See note under 147.500.

����� 147.560 Task Force on Victims� Rights Enforcement; duties; reports. (1) There is created the Task Force on Victims� Rights Enforcement consisting of the Attorney General and at least nine members appointed as follows:

����� (a) The Attorney General shall appoint:

����� (A) Two members employed by or associated with a group advocating for the rights of victims of crime;

����� (B) A member who represents the Department of Justice Crime Victims� Services Division;

����� (C) A lawyer routinely engaged in the representation of persons charged with a crime, after consulting with professional organizations serving such lawyers;

����� (D) A lawyer routinely engaged in prosecuting persons charged with person felony crimes, after consulting with professional organizations serving such lawyers;

����� (E) A lawyer routinely engaged in prosecuting persons charged with a crime, after consulting with professional organizations serving such lawyers; and

����� (F) Other persons the Attorney General deems appropriate;

����� (b) The Chief Justice of the Supreme Court shall appoint:

����� (A) A person employed by the Judicial Department, other than a judge; and

����� (B) A judge; and

����� (c) The executive director of the Oregon Public Defense Commission shall appoint a person employed by the commission.

����� (2) The task force shall review the implementation of ORS 147.500 to 147.550.

����� (3) The Attorney General shall serve as chair of the task force and may establish a term of office for the members. The task force shall meet at times and places specified by the call of the chairperson or of a majority of the members of the task force.

����� (4) Members serve at the pleasure of the appointing authority. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

����� (5) The task force may prepare reports that include recommendations for legislation designed to improve, in a cost-efficient manner, the protection of rights granted to victims of crime by the Oregon Constitution. The task force may submit a report prepared under this subsection to the Legislative Assembly in the manner provided in ORS 192.245.

����� (6) Members of the task force are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force.

����� (7) The Department of Justice shall provide staff support to the task force.

����� (8) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties. [2009 c.178 �20; repealed by 2009 c.178 �21; amendments by 2013 c.582 �2 treated as reenactment; status of statute reaffirmed by 2015 c.27 �13; 2023 c.281 �35]

����� Note: 147.560 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 147 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 147.575 Recommendations for achieving full compliance with victims� rights laws; model rules, procedures or policies. (1) The Attorney General may adopt rules to establish a nonjudicial process, independent of the process established in ORS 147.500 to 147.550 and applicable to agencies in the executive branch of state government, district attorneys, juvenile departments and local law enforcement agencies, to receive claims of violations of rights granted to victims of crime in the criminal and juvenile justice systems by law, to determine whether violations have occurred and to make nonbinding recommendations for achieving full compliance with victims� rights laws in the future.

����� (2) The Attorney General, in consultation with agencies in the executive branch of state government, district attorneys, juvenile departments and local law enforcement agencies, may promulgate model rules, procedures or policies, applicable only to entities outside of the judicial branch of state government, effectuating rights granted to victims by law. Model rules, procedures or policies are not enforceable by law, but the Attorney General may condition the provision of victim assistance funds or support by the Department of Justice on compliance with such model rules, procedures or policies. [2009 c.178 �22]

����� Note: 147.575 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 147 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

CONFIDENTIALITY OF COMMUNICATIONS AND RECORDS

����� 147.600 Confidentiality of certain victim communications and records; exception. (1) As used in this section:

����� (a) �Certified advocate� means a person who:

����� (A) Has completed at least 40 hours of training in advocacy for victims of domestic violence, sexual assault or stalking, approved by the Attorney General by rule; and

����� (B) Is an employee or a volunteer of a qualified victim services program.

����� (b) �Confidential communication� means a written or oral communication that is not intended for further disclosure to third persons except to:

����� (A) Persons present at the time the communication is made who are present to further the interests of the victim in the course of seeking safety planning, counseling, support or advocacy services;

����� (B) Persons reasonably necessary for the transmission of the communication; or

����� (C) Other persons, in the context of group counseling.

����� (c) �Qualified victim services program� means:

����� (A) A nongovernmental, nonprofit, community-based program receiving moneys administered by the state Department of Human Services or the Oregon or United States Department of Justice, or a program administered by a tribal government, that offers safety planning, counseling, support or advocacy services to victims of domestic violence, sexual assault or stalking; or

����� (B) A sexual assault center, victim advocacy office, women�s center, student affairs center, health center or other program providing safety planning, counseling, support or advocacy services to victims that is on the campus of or affiliated with a two-year or four-year post-secondary institution that enrolls one or more students who receive an Oregon Opportunity Grant.

����� (d) �Victim� means a person seeking safety planning, counseling, support or advocacy services related to domestic violence, sexual assault or stalking at a qualified victim services program.

����� (2) Except as provided in ORS 40.252 and 40.264, without the written, informed consent of the victim that is reasonably limited in duration, a certified advocate or a qualified victim services program may not disclose:

����� (a) Confidential communications between a victim and the certified advocate or qualified victim services program made in course of safety planning, counseling, support or advocacy services.

����� (b) Records that are created or maintained in the course of providing services regarding the victim.

����� (3) Notwithstanding subsection (2) of this section, a certified advocate or a qualified victim services program may disclose confidential communications or records without the victim�s consent only:

����� (a) To the extent necessary for defense in any civil, criminal or administrative action that is brought against the certified advocate, or against the qualified victim services program, by or on behalf of the victim; and

����� (b) As otherwise required by law.

����� (4) This section does not prohibit the disclosure of aggregate, nonpersonally identifying data. [2015 c.265 �4; 2017 c.256 �2]

����� Note: 147.600 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 147 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 147.605 Definitions for ORS 147.607 and 147.610. As used in ORS 147.607 and 147.610:

����� (1) �Offender� means a person who has engaged in the commission of a crime.

����� (2) �Participant� means a person who is a crime victim, survivor or offender.

����� (3) �Restorative justice communication� means:

����� (a) All communications, written and oral that are made in the course of, or in connection with, any phase of a restorative justice program, including but not limited to a phase under which a facilitated dialogue occurs and the referral, preparation, pre-enrollment, enrollment, post-enrollment and post-dialogue phases of the program.

����� (b) All memoranda, work products, documents and other materials that are prepared for or submitted in the course of, or in connection with, any phase of a restorative justice program, including but not limited to a phase under which a facilitated dialogue occurs and the referral, preparation, pre-enrollment, enrollment, post-enrollment and post-dialogue phases of the program.

����� (4) �Restorative justice program� means a community-based program administered by a private or public entity that offers as a part of the program a facilitated dialogue between a crime victim or a survivor and the offender.

����� (5) �Survivor� means a person who has experienced harm as a result of an offender�s crime. [2023 c.95 �1]

����� Note: 147.605 to 147.610 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 147 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 147.607 Legislative findings. The Legislative Assembly finds and declares that:

����� (1) Restorative justice programs can promote justice and healing for crime victims and survivors.

����� (2) A facilitated dialogue is most successful when it is conducted in a manner that fosters the participants� maximum openness about a crime, or the impact of the crime, by providing the participants with the knowledge that their communications will not be disclosed or used against them in subsequent adjudicatory or judicial proceedings.

����� (3) It is the policy and purpose of this ORS 147.610 that restorative justice communications are confidential, except in limited exceptions as specified in statute. [2023 c.95 �2]

����� Note: See note under 147.605.

����� 147.610 Confidentiality of restorative justice communications; exceptions. (1) Except as provided in this section, restorative justice communications are confidential, exempt from public disclosure and:

����� (a) May not be used or disclosed by any restorative justice program staff members, facilitators, participants or any community members or persons who provide support to the restorative justice program, for any purpose unrelated to the program.

����� (b) Are not admissible as evidence in any administrative or judicial proceeding.

����� (2) A restorative justice communication is not confidential if:

����� (a) A restorative justice program staff member or facilitator reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or substantial bodily injury to a specific person; or

����� (b) The parties who are participants of a facilitated dialogue under a restorative justice program provide written consent that all or part of the communication may be disclosed.

����� (3) Any communication relating to child abuse that is made to a person who is required to report child abuse under the provisions of ORS 419B.010 is not confidential to the extent that the person is required to report child abuse under ORS