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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 Kentucky State Reformatory did not violate the Open Records Act in denying Timothy Fancher's September 26, 2005, request for a copy of his presentence investigation report. It is the opinion of this office that 00-ORD-221, a copy of which is attached hereto and incorporated by reference, is controlling. See also, 04-ORD-224; 03-ORD-228; 03-ORD-198; 00-ORD-85; 96-ORD-147. Department of Corrections counsel reviewed the Final Judgment and Sentence of Confinement on Indictment # 93-CR-00001 and confirmed that "Mr. Fancher and his attorney were provided a copy of the PSI and given time in which to controvert the factual contents prior to final sentencing." Pursuant to KRS 439.510 and KRS 61.878(1)(l), counsel asserted that Mr. Fancher is not entitled to a copy of his PSI from KSR or the Department of Corrections. We affirm, in full, the denial of his 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.

Timothy Fancher, # 115713Kentucky State Reformatory3001 West Highway 146LaGrange, KY 40032

Marc AbeloveOffender Records CustodianKentucky State Reformatory3001 West Highway 146LaGrange, KY 40032

Emily DennisStaff AttorneyJustice and Public Safety CabinetOffice of Legal Services125 Holmes Street, 2nd FloorFrankfort, KY 40601

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Timothy Fancher
Agency:
Kentucky State Reformatory
Type:
Open Records Decision
Lexis Citation:
2005 Ky. AG LEXIS 264
Forward Citations:
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