Disclosure of record of commitment proceeding
(1) The court having jurisdiction over any proceeding conducted pursuant to ORS 426.005 (Definitions for ORS 426.005 to 426.390), 426.060 (Commitment to Oregon Health Authority) to 426.170 (Delivery of certified copy of record), 426.217 (Change of status of committed patient to voluntary patient), 426.228 (Custody), 426.255 (County to pay costs) to 426.292 (Release prior to expiration of term of commitment), 426.300 (Discharge of committed persons) to 426.309 (Effect of ORS 426.217 and 426.301 to 426.307 on other discharge procedure), 426.385 (Rights of committed persons), 426.395 (Posting of statement of rights of committed persons), 426.701 (Commitment of “extremely dangerous” person with mental illness) and 426.702 (Discharge from commitment of extremely dangerous person with mental illness) may not disclose any part of the record of the proceeding or commitment to any person except:
(a) The court shall, pursuant to rules adopted by the Department of State Police, transmit the minimum information necessary, as defined in ORS 181A.290 (Certain information required from agencies), to the Department of State Police for persons described in ORS 181A.290 (Certain information required from agencies) (1)(a) or (b) to enable the department to access and maintain the information and transmit the information to the federal government as required under federal law;
(c) On request of the person subject to the proceeding;
(d) On request of the person’s legal representative or the attorney for the person or the state; or
(e) Pursuant to court order.
(2) In any proceeding described in subsection (1) of this section that is before the Supreme Court or the Court of Appeals, the limitations on disclosure imposed by this section apply to the appellate court record and to the trial court record while it is in the appellate court’s custody. The appellate court may disclose information from the trial or appellate court record in a decision, as defined in ORS 19.450 (Appellate judgment), provided that the court uses initials, an alias or some other convention for protecting against public disclosure the identity of the person subject to the proceeding. [Amended by 1965 c.420 §1; 1969 c.148 §1; 1973 c.838 §21; 1993 c.223 §11; 1993 c.484 §19; 1995 c.498 §3; 2009 c.826 §2; 2011 c.332 §§1,6a; 2011 c.547 §45; 2013 c.715 §§7,18]
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