KRS 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 n ot

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.