Oklahoma § 22-471.5 - Admissibility of statements or evidence

§ 22-471.5. Admissibility of statements or evidence

A. 1. Any statement, or any information procured therefrom,

made by the offender to any supervising staff, which is made during

the course of any drug court investigation conducted by the

supervising staff pursuant to Section 5 of this act, and any report

Oklahoma Statutes - Title 22. Criminal Procedure

of the supervising staff's findings and recommendations to the

court, the district attorney, or the defense counsel shall not be

admissible in the criminal case pending against the offender.

2. Any statement, or any information procured therefrom, with

respect to the specific offense for which the offender was arrested

or is charged, which is made to any supervising staff subsequent to

the granting of admission of the offender to the drug court program,

shall not be admissible in the pending criminal case nor shall such

be grounds for the revocation of an offender from the program.

3. In the event that an offender is denied admission to the

drug court program or is subsequently revoked from the program, any

information gained from the drug court investigation, any statements

or information divulged during the drug court investigation or any

treatment session shall not be used in the sentencing of the

offender for the original criminal offense.

4. The restrictions provided in this section shall not preclude

the admissibility of statements or evidence obtained by the state

from independent sources.

B. 1. The offender, as consideration for entering the drug

court program, must consent to a full and complete photographic

record of property which was to be used as evidence in the pending

criminal case. The photographic record shall be competent evidence

of such property and admissible in any criminal action or proceeding

as the best evidence.

2. After the photographic record is made, the property shall be

returned as follows:

a.

property, except that which is prohibited by law,

shall be returned to its owner after proper

verification of title,

b.

the return to the owner shall be without prejudice to

the state or to any person who may have a claim

against the property, and

c.

when a return is made to the owner, the owner shall

sign, under penalty of perjury, a declaration of

ownership, which shall be retained by the person in

charge of the property at the police department or

sheriff's office.

Added by Laws 1997, c. 359, § 6, eff. July 1, 1997.