OAR 291-205-0230: Confidentiality of Responsibility Letter Bank Program Communications, Exceptions

(1) The words and phrases used in this rule have the same meaning as given to them in ORS 423.605 (2) Except as provided in section (3) of this rule, responsibility letter bank program communications and are confidential and: (a) Shall not be disclosed to any other person; (b) Shall not be disclosed during discovery in any subsequent administrative, judicial or arbitration proceeding: (c) Shall not be admissible as evidence in any subsequent administrative, judicial or arbitration proceeding; and, (d) No advisory committee member or program staff person shall be compelled to testify or produce evidence concerning a responsibility letter communication. (3) Exceptions to confidentiality and inadmissibility: (a) Any document that was prepared for purposes other than the Responsibility Letter Bank Program and is a public record as defined in ORS 192.311 remains subject to disclosure to the extent provided by ORS 192.311 to 192.478 and may be introduced into evidence in a subsequent proceeding. (b) A responsibility letter communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. (c) The victim, survivor, inmate, and the functional unit manager in a responsibility letter bank process may agree in writing that all or some of the responsibility letter bank communications are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding, unless the substance of the communication is confidential, privileged, or otherwise prohibited from disclosure under state or federal law. (d) A victim, survivor, or inmate may disclose a responsibility letter communication to a person if the communication with that person is privileged under ORS Chapter 40 or other provision of law. (e) A victim, survivor, or inmate may disclose responsibility letter communications to a person for the purpose of obtaining advice or support for the responsibility letter, if the victim, survivor, inmate, and the functional unit manager or designee agree. (f) A program staff person may disclose responsibility letter communications to a Department of Corrections employee to the extent that the disclosure is necessary to conduct authorized activities of the department. A Department of Corrections employee receiving a responsibility letter communication may re-disclose the communication only to the extent necessary to conduct those authorized activities. (g) A responsibility letter communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the victim, crime survivor, or inmate who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from a participant who does not agree to the disclosure. (h) Any responsibility letter communication relating to child abuse that is made to a person required to report child abuse under ORS 419B.010 is not confidential to the extent that the person is required to report the communication. (i) Any responsibility letter communication relating to elder abuse that is made to a person who is required to report elder abuse under ORS 124.050 to 124.095 is not confidential to the extent that the person is required to report the communication. (j) Any responsibility letter communication relating to abuse of adults with developmental disabilities who are currently receiving services from a community program or facility or were previously determined eligible for services or adults with mental illness who are receiving services from a community program or facility made to a person who is required to report abuse of those adults under ORS 430.765 is not confidential to the extent that the person is required to report the communication. (k) T o the extent the communication is not otherwise privileged or confidential under state or federal law and the Department of Corrections Director or the functional unit manager determines that disclosure of a responsibility letter communication made to a program facilitator, Victim Services Advisory Committee member, or program staff may be disclosed, and may be admitted into evidence to the extent the Department of Corrections Director or the functional unit manager determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to institutional security or the public's health or safety, and the communication is not otherwise confidential or privileged under state or federal law. (l) The names of the participants in a responsibility letter bank process and the case number associated with that case are not confidential, may be disclosed and may be admissible in a subsequent proceeding. (m) The Department of Corrections may use or disclose responsibility letter communications for reporting, research, training, or educational purposes subject to the following: (A) The department may compile and disclose general statistical information concerning responsibility letters if the information does not contain information that would likely reveal the identities of the participants. (B) Program staff may use or disclose responsibility letter communications or the disposition of matters referred to another person for use in research, training, or educational purposes if the communications are used or disclosed in a manner that would not allow that information to be associated with a specific participant or reveal the identity of a participant. (n) A program staff may disclose responsibility letter communications and such disclosures may be admissible in any subsequent administrative, judicial or arbitration proceeding if to the extent that the victim, survivor, inmate, and the functional unit manager or designee agree in writing to the disclosure. (o) A responsibility letter, once provided to a victim or survivor, may be disclosed by that victim or survivor to whomever they choose. (4) The department intends this rule to apply retroactively to responsibility letter communications occurring on or after the effective date of 2017 Or Laws Ch 114.