(a) No statement or other disclosure, written or otherwise, made by a defendant
to the Pretrial Services Program may be used by the prosecution to prove any crime or
offense alleged in the pending case.
(b) Except as provided in paragraph (c) or (d), all statements or other disclosures, written or otherwise, made by a defendant to the Pretrial Services Program shall be used only for the purposes of (1) making recommendations to the court concerning the release or detention of the defendant, (2) monitoring or enforcing any nonmonetary release conditions, or (3) determining the defendant's eligibility for the services of the Office of the Public Defender, and shall otherwise remain confidential.
(c) Nothing in paragraphs (a) or (b) shall be construed to limit the use of any such disclosure in any subsequent prosecution for:
(1) Fraudulently obtaining pretrial release, or
(2) Fraudulently obtaining the services of the public defender.
(d) Nothing in paragraphs (a) or (b) shall be construed to limit the use of any such disclosure:
(1) In pretrial release modification or revocation proceedings, or
(2) For the purpose of compiling presentence reports.
(e) To the extent that paragraphs (b), (c), or (d) authorize the use of a disclosure, such disclosure shall be limited to the minimum information necessary to facilitate the authorized use and shall not be used if the information is available from another source.
(f) At the defendant's initial interview by the Pretrial Services Program, the defendant shall be advised of the permissible uses of any statements or disclosures made to the Pretrial Services Program.
Note: Adopted July 28, 2017 to be effective September 1, 2017.
(b) Except as provided in paragraph (c) or (d), all statements or other disclosures, written or otherwise, made by a defendant to the Pretrial Services Program shall be used only for the purposes of (1) making recommendations to the court concerning the release or detention of the defendant, (2) monitoring or enforcing any nonmonetary release conditions, or (3) determining the defendant's eligibility for the services of the Office of the Public Defender, and shall otherwise remain confidential.
(c) Nothing in paragraphs (a) or (b) shall be construed to limit the use of any such disclosure in any subsequent prosecution for:
(1) Fraudulently obtaining pretrial release, or
(2) Fraudulently obtaining the services of the public defender.
(d) Nothing in paragraphs (a) or (b) shall be construed to limit the use of any such disclosure:
(1) In pretrial release modification or revocation proceedings, or
(2) For the purpose of compiling presentence reports.
(e) To the extent that paragraphs (b), (c), or (d) authorize the use of a disclosure, such disclosure shall be limited to the minimum information necessary to facilitate the authorized use and shall not be used if the information is available from another source.
(f) At the defendant's initial interview by the Pretrial Services Program, the defendant shall be advised of the permissible uses of any statements or disclosures made to the Pretrial Services Program.
Note: Adopted July 28, 2017 to be effective September 1, 2017.
