Section 478.005

Title XXXII COURTS

Chapter 478

Effective - 18 Dec 2018, 2 histories, see footnote   

  478.005.  Conditions and criteria 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 treatment court division.  Each treatment court within a treatment court division shall establish criteria upon which a person is deemed eligible for that specific treatment court and for determining successful completion of the treatment court program.

  2.  Any statement made by a participant as part of participation in the treatment 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 treatment court program and the reasons for termination may be considered in sentencing or disposition.

  3.  Notwithstanding any other provision of law to the contrary, treatment 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 treatment 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 treatment court, and shall be maintained by the court in a confidential file not available to the public.

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(L. 1998 H.B. 1147, et al. § 5 subsecs. 3, 4, 5, A.L. 2018 1st Ex. Sess. H.B. 2)

Effective 12-18-18