Section 478.005

Title XXXII COURTS

Chapter 478

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

  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)