Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, 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 the Kentucky State Penitentiary did not violate the Open Records Act in its disposition of Timothy D. Lumpkins' requests for adjustment hearing tapes. It is our opinion that 98-ORD-157, a copy of which is attached hereto and incorporated by reference, is controlling. Mr. Lumpkins' requests were denied on the basis of KRS 61.874(1), because he did not have sufficient funds in his inmate account to pay for copies, and he was unable to inspect the records due to his confinement in disciplinary segregation.
Under the Open Records Act, a correctional facility may properly require prepayment for copies of public records that are requested by inmates. KRS 61.874(1); 98-ORD-157. The Act does not require that an inmate who has been placed in disciplinary segregation be furnished with an escort so that he may exercise his right of on-site inspection, or that the records custodian bring the records to him. 98-ORD-157. The Kentucky State Penitentiary's actions did not violate the Open Records Act.
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.