Kentucky Statutes 15.525 – Referral program for substance abuse treatment — Information exempt from disclosure under KRS 61.878(1)(a) — Limitation of liability
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(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.
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.
(2) A person voluntarily seeking assistance through a program created pursuant to this section:
Terms Used In Kentucky Statutes 15.525
- Arrest: Taking physical custody of a person by lawful authority.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(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.
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.