16-22-6. Admissibility of drug court participant's statements and reports in legal proceedings.
Nothing contained in this section may be construed to permit a judge to impose, modify, or reduce a sentence below the minimum sentence required by law. No statement made by a drug court participant in connection with the court's program or directives, nor any report made by the staff of the court or program connected to the court, regarding a participant's use of controlled substances is admissible as evidence against the participant in any legal proceeding or prosecution. However, if the participant violates the conditions or is terminated from drug court, the reasons for the violation or termination may be considered in sanctioning, sentencing, or otherwise disposing of the participant's case.
Source: SL 2013, ch 101, ยง6.
Structure South Dakota Codified Laws
Title 16 - Courts and Judiciary
Chapter 22 - Public Safety Improvement Programs
Section 16-22-1 - Definitions.
Section 16-22-2 - Drug court advisory council.
Section 16-22-3 - Drug court defined.
Section 16-22-4 - Drug court program.
Section 16-22-5 - Promulgation of drug court rules.
Section 16-22-5.1 - Key components for drug courts.
Section 16-22-5.2 - Standards and guidelines in accordance with key components.
Section 16-22-5.3 - Standards in accordance with best practices publication.
Section 16-22-6.1 - Drug court sanctions.
Section 16-22-7 - Semiannual drug court performance report.
Section 16-22-8 - HOPE probation programs.
Section 16-22-8.1 - Assignment of magistrate judge to preside over HOPE probation program.
Section 16-22-9 - Promulgation of HOPE probation program rules.
Section 16-22-10 - Evaluation of program impact on public safety.
Section 16-22-12 - Report of probation practices and training implementation.
Section 16-22-13 - Promulgation of rules regarding graduated sanctions program.
Section 16-22-14 - Report of graduated sanctions.
Section 16-22-15 - Evidence-based practices training.
Section 16-22-16 - Case history and risk and needs assessment of probationer.
Section 16-22-17 - Promulgation of rules regarding earned discharge credits.
Section 16-22-18 - Award of earned discharge credits.
Section 16-22-19 - Eligibility for earned discharge.
Section 16-22-20 - Report of earned discharge credits.
Section 16-22-22 - Membership of oversight council.
Section 16-22-23 - Meetings of oversight council--Termination--Powers and duties.
Section 16-22-24 - Treatment and intervention programs.
Section 16-22-26 - Request for proposals.
Section 16-22-27 - Report by grant recipient.
Section 16-22-30 - Report to oversight council on probation and parole infractions.
Section 16-22-31 - Report of Interstate Drug Trafficking Task Force to oversight council.