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, § 6.

16-22-6.1. Drug court sanctions.

For any person admitted to a drug court, as defined in § 16-22-3, a sanction may include the imposition of jail time and this sanction may be imposed irrespective of § 23A-27-18.1. However, any jail term shall be credited toward any incarceration imposed upon a subsequent revocation of a suspended execution of sentence. The Supreme Court shall promulgate rules, pursuant to chapter 16-3, defining the best practices for drug court sanctions.

Source: SL 2015, ch 119, § 1.