Request By:
Aaron Rivers, # 283728
Wallins Ridge State Prison
P.O. Box 759
Big Stone Gap, VA 24219Clark Taylor
Department of Corrections
2439 Old Lawrenceburg Road
Frankfort, KY 40602-2400John T. Damron
Office of General Counsel
Department of Corrections
2439 Old Lawrenceburg Road
Frankfort, KY 40602-2400
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 affirm Department of Corrections' disposition of Aaron Rivers' request for classification documents and detention orders in his institutional file. We find that 95-ORD-105, a copy of which is attached hereto and incorporated by reference, is controlling.
Mr. Rivers is confined in Wallins Ridge State Prison, Big Stone Gap, Virginia and requested copies of records pertaining to him from the Kentucky Department of Corrections. Because he was unable to physically inspect the records, the Department advised him that the requested records would be mailed to him upon prepayment of the copying fee. The actions of the Department in denying the request to inspect the documents and in offering to provide Mr. Rivers with copies of the requested documents upon prepayment of the appropriate copying fee was consistent with the Open Records Act. KRS 61.872(3); 95-ORD-105.
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 proceedings.