478.005. Conditions for referral--statements by participant not to be used as evidence, when--records, access to staff, closed, when. - Missouri Statutes

Conditions for referral--statements by participant not to be used asevidence, when--records, access to staff, closed, when.

478.005. 1. Each circuit court shall establish conditions forreferral of proceedings to the drug court. The defendant in any criminalproceeding accepted by a drug court for disposition shall be a nonviolentperson, as determined by the prosecuting attorney. Any proceeding acceptedby the drug court program for disposition shall be upon agreement of theparties.

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

3. Notwithstanding any other provision of law to the contrary, drugcourt staff shall be provided with access to all records of any state orlocal government agency relevant to the treatment of any programparticipant. Upon general request, employees of all such agencies shallfully inform a drug court staff of all matters relevant to the treatment ofthe participant. All such records and reports and the contents thereofshall be treated as closed records and shall not be disclosed to any personoutside of the drug court, and shall be maintained by the court in aconfidential file not available to the public.

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