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197.440 Sexual offender's communications which are privileged.

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197.440 Sexual offender's communications which are privileged. Communications made in the application for or in the course of a sexual offender's <br>diagnosis and treatment in the program between a sexual offender or member of the <br>offender's family and any employee of the department who is assigned to work in the <br>program, or approved provider, as defined in KRS 17.500, shall be privileged from <br>disclosure in any civil or criminal proceeding, other than proceedings to determine the <br>sentence, unless the offender consents in writing to the disclosure or the communication <br>is related to an ongoing criminal investigation. The privilege created by this section shall <br>not extend to disclosures made for the purpose of determining whether the offender <br>should continue to participate in the program. The provisions of KRS 620.030 shall not <br>apply to a communication made, received, or overheard if the communication is made <br>pursuant to this section. The offender shall be informed in writing of the limits of the <br>privilege created in this section. Effective: July 12, 2006 <br>History: Amended 2006 Ky. Acts ch. 182, sec. 23, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 401, sec. 32, effective April 11, 2000. -- Amended 1992 Ky. Acts <br>ch. 211, sec. 67, effective July 14, 1992; and ch. 445, sec. 8, effective July 14, 1992. <br>-- Created 1986 Ky. Acts ch. 478, sec. 5, effective July 15, 1986.