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§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.
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