Section 34-20A-70.2 - Commitment petition application and report to be sealed--State may seekaccess to documents--Information not to be used in certain prosecutions. - South Dakota Statutes

34-20A-70.2. Commitment petition application and report to be sealed--State may seek access to documents--Information not to be used in certain prosecutions. The petition for commitment, written application, and written report to the circuit court and the resulting protective custody order required by § 34-20A-70 shall be sealed and may not be used for the purpose of enforcing the provisions of chapter 22-42 and chapter 22-42A against the person being committed. Any law enforcement official or prosecuting attorney may petition the circuit court to examine these documents, and the court may allow such examination upon a showing that the purpose of the examination is not to investigate a violation of chapter 22-42 or chapter 22-42A against the person being committed. However, any information obtained from the examination of the petition for commitment, written application, written report, or protective custody order may not be used against the person being committed in any prosecution for a violation of chapter 22-42 or chapter 22-42A.

Source: SL 2003, ch 182, § 1.