☰ Revisor of Missouri

Title XXXII COURTS

Chapter 478

< > Effective - 28 Aug 1998, 2 histories, see footnote (history) bottom

  478.005.  Conditions for referral — statements by participant not to be used as evidence, when — records, access to staff, closed, when. — 1.  Each circuit court shall establish conditions for referral of proceedings to the drug court.  The defendant in any criminal proceeding accepted by a drug court for disposition shall be a nonviolent person, as determined by the prosecuting attorney.  Any proceeding accepted by the drug court program for disposition shall be upon agreement of the parties.

  2.  Any statement made by a participant as part of participation in the drug court program, or any report made by the staff of the program, shall not be admissible as evidence against the participant in any criminal, juvenile or civil proceeding.  Notwithstanding the foregoing, termination from the drug court program and the reasons for termination may be considered in sentencing or disposition.

  3.  Notwithstanding any other provision of law to the contrary, drug court staff shall be provided with access to all records of any state or local government agency relevant to the treatment of any program participant.  Upon general request, employees of all such agencies shall fully inform a drug court staff of all matters relevant to the treatment of the participant.  All such records and reports and the contents thereof shall be treated as closed records and shall not be disclosed to any person outside of the drug court, and shall be maintained by the court in a confidential file not available to the public.

­­--------

(L. 1998 H.B. 1147, et al. § 5 subsecs. 3, 4, 5)


---- end of effective  28 Aug 1998 ----

use this link to bookmark section  478.005


 - All versions
Effective End
478.005 12/18/2018
478.005 8/28/1998 12/18/2018

Click here for the Reorganization Act of 1974 - or - Concurrent Resolutions Having Force & Effect of Law
In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions End Report

Site changes Pictures Contact

Other Links
Legislative Research Oversight MOLIS
Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House

@06:56:00.9 34 :)