(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 419B.010. (4) Any communication relating to elder abuse under the provisions of ORS 124.050 to 124.095 is not confidential to the extent that a person is required to report elder abuse under the provisions of ORS 124.050 to 124.095. Note: See note under 147.605. VICTIM HELPFULNESS CERTIFICATION
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