197.440 Sexual offender's communications which are privileged. - Kentucky Statutes

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197.440 Sexual offender's communications which are privileged. Communications made in the application for or in the course of a sexual offender's
diagnosis and treatment in the program between a sexual offender or member of the
offender's family and any employee of the department who is assigned to work in the
program, or approved provider, as defined in KRS 17.500, shall be privileged from
disclosure in any civil or criminal proceeding, other than proceedings to determine the
sentence, unless the offender consents in writing to the disclosure or the communication
is related to an ongoing criminal investigation. The privilege created by this section shall
not extend to disclosures made for the purpose of determining whether the offender
should continue to participate in the program. The provisions of KRS 620.030 shall not
apply to a communication made, received, or overheard if the communication is made
pursuant to this section. The offender shall be informed in writing of the limits of the
privilege created in this section. Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 182, sec. 23, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 401, sec. 32, effective April 11, 2000. -- Amended 1992 Ky. Acts
ch. 211, sec. 67, effective July 14, 1992; and ch. 445, sec. 8, effective July 14, 1992.
-- Created 1986 Ky. Acts ch. 478, sec. 5, effective July 15, 1986.