Opinion
Opinion By: Chris Gorman, Attorney General; Amye B. Majors, Assistant Attorney General
OPEN RECORDS DECISION
This matter comes to the Attorney General on appeal from the Kentucky State Penitentiary's response to Mr. Delmar Patty's July 17, 1992, request to inspect certain records in the Penitentiary's custody. Those records are identified as his "[p]sychological review and or evaluations from 1-24-91 through 7-16-92." Mr. Patty, an inmate at KSP, indicates that he was allowed to inspect portions of his psychological file on August 12, 1992, but that much of the information therein had been deleted. He objects to these actions, which he characterizes as "censorship," and asks that the Attorney General review KSP's response.
This Office has been advised by Ms. Betty Stuart, Offender Records Specialist at KSP, that Mr. Patty was notified on July 20, 1992, that his request had been referred to the treatment staff and warden for review, pursuant to KRS 61.878(1)(j), now codified as KRS 61.878(1)(k), and KRS 197.025. Portions of Mr. Patty's file were subsequently deemed to constitute "a threat or harmful to [him]," and the remaining portion released for inspection.
On the facts presented, and in view of OAG 92-25 (copy enclosed), we find that KSP's actions were entirely consistent with the Open Records Act. In OAG 92-25, at p. 3, we upheld a correctional facility's invocation of KRS 197.025 to authorize nondisclosure of psychological evaluations, observing:
This provision, which is incorporated into the Open Records Act by operation of KRS 61.878(1)(j) [now KRS 61.878(1)(k)], prohibiting the disclosure of records or information made confidential by enactment of the General Assembly, precludes release of psychological evaluations pursuant to Corrections Cabinet policy and procedure.
We believe that this opinion, to the extent that it relates to the substantive issues Mr. Patty raises, is dispositive of the present appeal.
Mr. Patty may challenge this decision by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882.