13-4508

13-4508. Privilege against self-incrimination;
sealed reports

A. The privilege against self-incrimination applies to any examination that is
ordered by the court pursuant to this chapter.

B. Any evidence or statement that is obtained during an examination is not
admissible at any proceeding to determine a defendant's guilt or innocence unless the
defendant presents evidence that is intended to rebut the presumption of sanity.

C. Any statement made by the defendant during an examination or any evidence
resulting from that statement concerning any other event or transaction is not admissible
at any proceeding to determine the defendant's guilt or innocence of any other criminal
charges that are based on those events or transactions.

D. Any statement made by the defendant or any part of the evaluations that is
obtained during an examination may not be used for any purpose without the written
consent of the defendant or the defendant's guardian or a court order that is entered by
the court that ordered the examination or that is conducting a dependency or severance
proceeding.

E. After a plea of guilty or guilty except insane or the trial or after the
defendant is found to be unable to be restored to competence, the court shall order all
the reports submitted pursuant to this section sealed. The court may order that the
reports be opened only as follows:

1. For use by the court or defendant, or by the prosecutor if otherwise permitted
by law, for further competency or sanity evaluations.

2. For statistical analysis.

3. When the records are deemed necessary to assist in mental health treatment
pursuant to section 13-502 or 13-4517.

4. For use by the probation department or the state department of corrections if
the defendant is in the custody of or is scheduled to be transferred into the custody of
the state department of corrections for the purposes of assessment and supervision or
monitoring of the defendant by that department.

5. For use by a mental health treatment provider that provides treatment to the
defendant or that assesses the defendant for treatment.

6. For data gathering.

7. For scientific study.

F. Any statement made by the defendant during an examination that is conducted
pursuant to this chapter or any evidence resulting from that statement is not subject to
disclosure pursuant to section 36-509.