8-291.06. Privilege against self-incrimination; sealed reports

A. The privilege against self-incrimination applies to any examination or to any statement that is made to restoration personnel during the course and scope of a court ordered restoration program.

B. Any evidence or statement that is obtained during an examination or any evidence or statement that is made to restoration personnel during the course and scope of a restoration program is not admissible in any proceeding to determine the juvenile's guilt or innocence unless the juvenile presents evidence that is intended to rebut the presumption of sanity.

C. Any statement that a juvenile makes during any examination, any statement that a juvenile makes to restoration personnel during the course and scope of a restoration program or any evidence resulting from the statement concerning any other event or transaction is not admissible in any proceeding to determine the juvenile's guilt or innocence of any other charges that are based on those events or transactions.

D. Any statement that the juvenile makes during an examination, any part of the evaluations that is obtained during an examination or any statements that the juvenile makes to restoration personnel during the course and scope of a restoration program may not be used for any purpose without either:

1. The written consent of the juvenile or the juvenile's guardian.

2. A court order that is entered by the court that ordered the examination or that is conducting a dependency or severance proceeding.

E. After an admission or adjudication of delinquency or after the juvenile is found to be unable to be restored to competence, the court shall order all of the reports that are submitted pursuant to this article to be sealed. The court may order that the reports be opened only as follows:

1. For use by the court or juvenile, 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 to be necessary to assist in mental health treatment pursuant to this article or section 13-502.

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

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

6. For data gathering.

7. For scientific study.

F. If the court orders reports to be open for the purposes of statistical analysis, data gathering or scientific study pursuant to subsection E of this section, the reports shall be anonymous.

G. Any statement that a juvenile makes during an examination, any statement that a juvenile makes to restoration personnel during the course and scope of a restoration program or any evidence resulting from that statement is not subject to disclosure pursuant to section 36-509.