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Kentucky Revised Statutes Title III. Executive Branch § 15.525.Referral program for substance abuse treatment; information exempt from disclosure under KRS 61.878(1)(a); limitation of liability

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) A law enforcement agency may create a program to refer persons to treatment for substance use who voluntarily seek assistance from the law enforcement agency.

(2) A person voluntarily seeking assistance through a program created pursuant to this section:

(a) Shall not be placed under arrest;

(b) Shall not be prosecuted for the possession of any controlled substance or drug paraphernalia surrendered to the law enforcement agency. Items surrendered pursuant to this paragraph shall be recorded by the law enforcement agency at the time of surrender and shall be destroyed; and

(c) Shall be promptly referred to a community mental health center, medical provider, or other entity for substance use treatment.

(3) A person is ineligible for placement through a program established pursuant to this section if the person:

(a) Has an outstanding arrest warrant issued by a Kentucky court or an extraditable arrest warrant issued by a court of another state;

(b) Places law enforcement or its representatives in reasonable apprehension of physical injury; or

(c) Is under the age of eighteen (18) and does not have the consent of a parent or guardian.

(4) Information gathered by a program created pursuant to this section related to a person who has voluntarily sought assistance under this section is exempt from disclosure under the Kentucky Open Records Act pursuant to KRS 61.878(1)(a).

(5) Except for intentional misconduct, any law enforcement agency or person that provides referrals or services in accordance with subsection (2) of this section shall be immune from criminal and civil liability.

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Cite this article: FindLaw.com - Kentucky Revised Statutes Title III. Executive Branch § 15.525.Referral program for substance abuse treatment; information exempt from disclosure under KRS 61.878(1)(a); limitation of liability - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-iii-executive-branch/ky-rev-st-sect-15-525/

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