KRS 15.525: Referral program for substance abuse treatment -- Information exempt

from disclosure under KRS 61.878(1)(a) -- Limitation of liability.

(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 sub stance 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 co mmunity 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 Ke ntucky 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.