§ 12-13-24 - Confidentiality of pretrial services program records.
SECTION 12-13-24
§ 12-13-24 Confidentiality of pretrialservices program records. – (a) Information supplied by a defendant to a representative of the pretrialservices program during the defendant's initial interview or subsequentcontacts, or information obtained by the pretrial services program as a resultof the interview or subsequent contacts, shall be deemed confidential and shallnot be subject to subpoena or to disclosure without the written consent of thedefendant except in the following circumstances:
(1) Information relevant to the imposition of conditions ofrelease shall be presented to the court on a standardized form when the courtis considering what conditions of release to impose;
(2) Information furnished by the defendant to the pretrialservices program and recorded on a completed interview form shall be furnishedto law enforcement officials upon request if the defendant fails to appear incourt when required;
(3) Information concerning compliance with any conditions ofrelease imposed by the court shall be furnished to the court upon its requestfor consideration or modification of conditions of release or of sentencing orof probation;
(4) Information relevant to sentencing or probation shall befurnished to the court upon its request for consideration in imposing sentenceor probation;
(5) At its discretion, the court may permit the probationofficer, for the purpose of preparing the presentence investigation report, andthe defense attorney to inspect the completed interview form; and
(6) Any person conducting an evaluation of the pretrialrelease program may have access to all completed interview forms upon orderfrom the supreme court.
(b) At the beginning of the defendant's initial interviewwith a representative of the pretrial services program, the defendant shall beadvised of the above uses of information supplied by him or her or obtained asa result of information supplied by him or her.