Request By:
Guy Belton, # 85278
P. O. Box 538
Frankfort, KY 40602Paulette Carron
Probation and Parole
Department of Corrections
2600 West Broadway, Suite 300
Louisville, KY 40211Steve Durham
Department of Corrections
Office of General Counsel
2439 Old Lawrenceburg Road
Frankfort, KY 40602-2400
Opinion
Opinion By: Albert B. Chandler III, Attorney General; Ryan M. Halloran, Assistant Attorney General
Open Records Decision
This is an appeal under the Open Records Law by Mr. Guy Russell Belton contesting the refusal of the Division of Probation and Parole of the Department of Corrections to turn over copies of case notes of Mr. Belton's visits with his parole officer for the period January 1, 1999 through July 5, 2000. Mr. Belton made his request in writing by letter dated January 16, 2002. Corrections denied the request by letter dated January 16, 2002, on the grounds that "[t]hese case book narratives are not considered public record (sic) and are protected by confidentiality laws." No statute was cited and no explanation was given as to why the records were confidential. Mr. Belton's appeal was received in this office on February 13, 2002. Although he has made previous Open Records requests of Corrections that were granted in part and denied in part, he only appeals the denial of the case note records. This office sent notice to the parties of the receipt of the appeal on February 14, 2002. Corrections replied by letter dated February 20, 2002 and contends that the records are exempt from disclosure under the Open Records law because they are made confidential and are prohibited from being disclosed directly or indirectly to any person other than a court. Corrections cites KRS 439.510 as the specific authority prohibiting the disclosure of the records. Corrections also cites KRS 61.878 which provides that records are exempt from disclosure when otherwise provided by law. KRS 439.510 restricts disclosure of the information to the court, the parole board, the Justice Cabinet, or others entitled under KRS 439.250 to KRS 439.560 absent a court order to the contrary.
We can find nothing in KRS 439.250 to KRS 439.560 which entitles a parolee to the case notes of his meetings with his parole officer. Mr. Belton contends that under the Open Records Law a person is entitled to a record relating to themselves and cites KRS 61.884. However, this statute also restricts this entitlement to the provisions of KRS 61.878. Subsection (1)(l) of 61.878 provides an exemption for the application of the Open Records Act to, ". . . public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly." KRS 439.510 makes confidential:
All information obtained in the discharge of official duty by any probation and parole officer shall be privileged and shall not be received as evidence in any court. Such information shall not be disclosed directly or indirectly to any person other than the court, board or cabinet.
Since the case notes of Mr. Belton's visits with his parole officer were prepared as a result of the officer's official duties, these records, pursuant to KRS 439.510, would be exempt from disclosure and may be properly denied under KRS 61.878(1)(l).
Accordingly, the Department of Corrections was correct in denying Mr. Belton access to case notes of visits to his parole officer under the Open Records Law absent a court order.
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.