Opinion
Opinion By: Gregory D. Stumbo, 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 the Third District Division of Probation and Parole did not violate the Open Records Act in denying Jeffrey L. Carpenter's January 18, 2005, request for a copy of his initial assessment and subsequent reassessments, generated during the period he was on parole pursuant to KRS 439.510 and KRS 61.878(1)(l). We find that 01-ORD-97, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. The assessment report and reassessment reports prepared by Mr. Carpenter's parole officers fall squarely within the parameters of KRS 439.510 and are therefore excluded from inspection. See also 96-ORD-147; 01-ORD-148; 02-ORD-51; 03-ORD-081. Accordingly, we find no violation of 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.
Distributed to:
Jeffrey L. Carpenter, #95017Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472
James L. Wagner, Jr.Assistant DirectorDivision of Probation and ParoleDepartment of Corrections275 East Main StreetP.O. Box 2400Frankfort, KY 40601-2400
Emily DennisDepartment of Corrections2439 Lawrenceburg RoadP.O. Box 2400Frankfort, KY 40602-2400