§ 12-13-24. Confidentiality of pretrial services program records.
(a) Information supplied by a defendant to a representative of the pretrial services program
during the defendant's initial interview or subsequent contacts, or information obtained
by the pretrial services program as a result of the interview or subsequent contacts,
shall be deemed confidential and shall not be subject to subpoena or to disclosure
without the written consent of the defendant except in the following circumstances:
(1) Information relevant to the imposition of conditions of release shall be presented
to the court on a standar
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§ 12-13-24. Confidentiality of pretrial services program records.
(a) Information supplied by a defendant to a representative of the pretrial services program
during the defendant's initial interview or subsequent contacts, or information obtained
by the pretrial services program as a result of the interview or subsequent contacts,
shall be deemed confidential and shall not be subject to subpoena or to disclosure
without the written consent of the defendant except in the following circumstances:
(1) Information relevant to the imposition of conditions of release shall be presented
to the court on a standardized form when the court is considering what conditions
of release to impose;
(2) Information furnished by the defendant to the pretrial services program and recorded
on a completed interview form shall be furnished to law enforcement officials upon
request only if the defendant fails to appear in court when required, after notice
to the defendant or the defendant's attorney of record;
(3) Information concerning compliance with any conditions of release imposed by the court
shall be furnished to the court upon its request for consideration or modification
of conditions of release or of sentencing or of probation;
(4) Information relevant to sentencing or probation shall be furnished to the court upon
its request for consideration in imposing sentence or probation;
(5) At its discretion, the court may permit the probation officer, for the purpose of
preparing the presentence investigation report, and the defense attorney to inspect
the completed interview form;
(6) In felony cases, completed pre-arraignment reports shall be provided to the superior
court; and
(7) Any person conducting an evaluation of the pretrial release program may have access
to all completed interview forms upon order from the supreme court.
(b) At the beginning of the defendant's initial interview with a representative of the
pretrial services program, the defendant shall be advised of the above uses of information
supplied by him or her or obtained as a result of information supplied by him or her.