Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that Kentucky State Reformatory properly denied Edward A. Shelton's February 20, 1998, request for copies of his medical records because he had insufficient funds in his inmate account to cover the cost of the copies. We find that 92-ORD-1363, 95-ORD-90, and 95-ORD-105, copies of which are attached hereto and incorporated by reference, are controlling. These decisions hold that a correctional facility may properly require prepayment of a reasonable fee for copies of records despite an inmate's indigent status.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.