[Previous] [Next]

22-471.5.


22-471.5.
   
   A. 1. Any statement, or any information procured therefrom, made by
   the offender to any supervising staff, which is made during the course
   of any drug court investigation conducted by the supervising staff
   pursuant to Section 5 of this act, and any report of the supervising
   staff's findings and recommendations to the court, the district
   attorney, or the defense counsel shall not be admissible in the
   criminal case pending against the offender.
   
   2. Any statement, or any information procured therefrom, with respect
   to the specific offense for which the offender was arrested or is
   charged, which is made to any supervising staff subsequent to the
   granting of admission of the offender to the drug court program, shall
   not be admissible in the pending criminal case nor shall such be
   grounds for the revocation of an offender from the program.
   
   3. In the event that an offender is denied admission to the drug court
   program or is subsequently revoked from the program, any information
   gained from the drug court investigation, any statements or
   information divulged during the drug court investigation or any
   treatment session shall not be used in the sentencing of the offender
   for the original criminal offense.
   
   4. The restrictions provided in this section shall not preclude the
   admissibility of statements or evidence obtained by the state from
   independent sources.
   
   B. 1. The offender, as consideration for entering the drug court
   program, must consent to a full and complete photographic record of
   property which was to be used as evidence in the pending criminal
   case. The photographic record shall be competent evidence of such
   property and admissible in any criminal action or proceeding as the
   best evidence.
   
   2. After the photographic record is made, the property shall be
   returned as follows:
   
   a. property, except that which is prohibited by law, shall be returned
   to its owner after proper verification of title,
   
   b. the return to the owner shall be without prejudice to the state or
   to any person who may have a claim against the property, and
   
   c. when a return is made to the owner, the owner shall sign, under
   penalty of perjury, a declaration of ownership, which shall be
   retained by the person in charge of the property at the police
   department or sheriff's office.
   

[Previous] [Next]