§ 15.525

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 volunta rily 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

rest 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. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 89, sec. 1, effective June 27, 2019; and ch. 194, sec. 1, effective April 9, 2019. -- Created 2017 Ky. Acts ch. 158, sec. 25, effective June 29, 2017. Legislative Research Commission Note (6/27/2019). This statute was identically amended by 2019 Ky. Acts chs. 89 and 194 and have been codified together.