presentence report about the defendant, or in a prosecution
based on the falsity of the information, or for impeachment
purposes to the extent permitted by law.
(6) Interviewers and other staff members of the program
are not exempt from subpoena and there should be no
expectation of privacy or privileged information.
(e) Investigatory focus.--Program investigations shall focus
on assembling reliable and objective information relevant to
determining release options. Risk assessment interviews shall
exclude questions relating to the events or details of the
current charge but may consider:
(1) The nature of circumstances of the charge, when
relevant to release conditions.
(2) Character, physical or mental condition, family
ties, employment, financial resources, length of residence in
community, community ties, past conduct, history relating to
drug or alcohol abuse, criminal history and record concerning
appearance at court proceedings.
(3) Whether, at the time of the current offense or
arrest, the defendant is currently on probation or parole or
on other release pending trial.
(4) The availability of persons who agree to assist the
defendant attending court.
(5) Information voluntarily provided by the defendant.
(6) Facts justifying a concern that the defendant will
fail to attend court or pose a threat to the community.
(7) Factors that may demonstrate the defendant's
eligibility for conditional release, diversion or alternate
adjudication release options.
(f) Right of refusal.--Risk assessment interviews shall be
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