Summary of Substitute Senate Bill No. 1098

• Defendants may request written disclosure from prosecutors within 45 days regarding intent to use jailhouse witness testimony, including the witness's criminal history, cooperation agreements, benefits offered, and details of defendant's alleged statements.

• For sexual assault and related felony charges, courts must hold a hearing before trial to determine whether jailhouse witness testimony is reliable and admissible, evaluating corroboration, specificity, details known only to perpetrator, and circumstances of initial disclosure to law enforcement.

• Prosecutors must prove by preponderance of evidence that jailhouse witness testimony is reliable; courts shall exclude testimony that fails to meet this standard.

• State's attorney offices must track all jailhouse witness testimony usage and cooperation agreements, reporting this information to the Criminal Justice Policy and Planning Division for state-wide record-keeping.

• Recorded information about jailhouse witnesses is confidential and exempt from Freedom of Information Act disclosure; courts may restrict witness information disclosure to defense counsel only if bodily harm risk exists.