Communications made in the application for or in the course of a child sexual offender’s diagnosis and treatment in the program, between a sexual offender or member of the sexual offender’s family and any employee of the department who is assigned to work in the program, or any 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 sexual 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 sexual 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 child sexual offender shall be informed in writing of the limits of the privilege created by this section.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 182, sec. 53, effective July 12, 2006. — Created
2002 Ky. Acts ch. 263, sec. 7, effective July 15, 2002.