Section 99-1-23 - Appearance in court by means of closed circuit television or Web cam(1) When the physical appearance in person in court is required of any person who is represented by counsel and held in a place of custody or confinement operated by the state or any of its political subdivisions, upon waiver of any right such person may have to be physically present, such personal appearance may be made by means of closed circuit television or Web cam from the place of custody or confinement, provided that such television or Web cam facilities provide two-way audio-visual communication between the court and the place of custody or confinement and that a full record of such proceedings be made by split-screen imaging and recording of the proceedings in the courtroom and the place of confinement or custody in addition to such other record as may be required, in the following proceedings: (a) Initial appearance before a judge on a criminal complaint;(b) Waiver of preliminary hearing;(c) Arraignment on information or indictment where a plea of not guilty is entered;(d) Arraignment on information or indictment where a plea of guilty is entered;(e) Any pretrial or post-trial criminal proceeding not allowing the cross-examination of witnesses;(f) Sentencing after conviction at trial;(g) Sentencing after entry of a plea of guilty; and(h) Any civil proceeding other than trial by jury.(2) This section shall not prohibit other appearances via closed circuit television or Web cam upon waiver of any right such person held in custody or confinement might have to be physically present.(3) Nothing contained in this section shall be construed as establishing a right for any person held in custody to appear on television or Web cam or as requiring that a place of custody shall provide a two-way audio-visual communication system.(4) The provisions of this section shall apply to all courts. Laws, 2001, ch. 316, § 1; Laws, 2008, ch. 394, § 1, eff. 7/1/2008.