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.
S.D. Codified Laws § 16-22-6
Admissibility of drug court participant's statements and reports in legal proceedings
Applied in 1 court decision — leading case People Ex Rel. A.K.A.-C. (2017)
Most recently applied in People Ex Rel. A.K.A.-C. (June 2017)
Source: SL 2013, ch 101, § 6.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.