Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether Marion Adjustment Center violated the Kentucky Open Records Act in denying the request of James L. Wilson to receive a copy of his pre-sentence investigation report. In an untimely written response, 1 the MAC Records Custodian advised Mr. Wilson that his PSI had "been forwarded to Probation & Parole for editing." Upon receipt of the edited report, the Records Custodian will contact Mr. Wilson and he will be "afforded the opportunity to view the factual content" of his PSI "pursuant to KRS 439.510, KRS 532.050 and KRS 61.878(1)(l)." Having received no further response, Mr. Wilson initiated this appeal by letter dated July 20, 2005. According to Mr. Wilson, he "requested two additional times with no response."
Upon receiving notification of Mr. Wilson's appeal from this office, Michael W. Huff, Assistant Warden Programs, responded on behalf of MAC. Reiterating that KRS 439.510 prohibits disclosure of the actual PSI, Mr. Huff advises this office that Mr. Wilson waived his PSI, and, therefore, "pursuant to KRS 439.510, KRS 532.050 and KRS 61.878(1)(l), he may view the edited version only." On August 8, 2005, Mr. Wilson viewed his PSI with the Records Supervisor. Attached to MAC's supplemental response for verification is a copy of the statement to that effect signed by Mr. Wilson on the same date. Because the position of MAC is entirely consistent with governing precedent, this office finds no substantive error by MAC relative to Mr. Wilson's request.
In 00-ORD-221, a copy of which is attached hereto and incorporated by reference, the Attorney General conclusively resolved the issue presented for review. See 05-ORD-102 (adopting 00-ORD-221, a copy of which is also attached hereto and incorporated by reference); 05-ORD-031; 04-ORD-224; 03-ORD-228; 03-ORD-198; 00-ORD-85; 96-ORD-147. Because Mr. Wilson waived his PSI, as evidenced by the record, MAC was required to provide him with the opportunity to view the factual content and conclusions contained therein - nothing more, nothing less. An inmate such as Ms. Wilson is not entitled to receive a copy of his PSI under KRS 439.510, incorporated into the Open Records Act by operation of KRS 61.878(1)(l). Accordingly, MAC acted in compliance with the Open Records Act in responding to Mr. Wilson's request.
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.
Footnotes
Footnotes
1 Assuming that MAC failed to respond in writing, within five business days, in accordance with KRS 197.025(7), as the evidence of record suggests (Mr. Wilson's request was received on March 14, 2005, but MAC apparently did not respond until April 17, 2005), the response of MAC was procedurally deficient to this extent.