Admissibility and use of statement made during jail mental or physical health screening .

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24-11-59.1. Admissibility and use of statement made during jail mental or physical health screening .

Any statement made by a defendant in response to a question administered during a jail mental or physical health screening is not admissible against the defendant in the state's case in chief during any evidentiary proceeding related to the reason the defendant was confined in jail.

The screen shall be filed with the committing court and may be used in preparation of a presentence report and at sentencing. Prior to sentencing, the screen shall only be made available to the defendant, defendant's attorney, prosecuting attorney, court services, and any mental health provider ordered to provide an assessment of the defendant as a condition of bond.

Source: SL 2019, ch 234 (Supreme Court Rule 19-13), eff. Apr. 2, 2019.


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