Opinion
Opinion By: Jack Conway,Attorney General;Amye L. Bensenhaver,Assistant Attorney General
Open Records Decision
Charon Anderson appeals the Henderson County Detention Center's disposition of her December 23, 2014, request for a copy of the "policy and procedure that states [she] may not be treated for mental health issues due to noncompliance of medication as stated by medical staff [sic]." In her letter of appeal, Ms. Anderson states that she submitted her request at 8:30 a.m. She further states that an officer returned the request at 1:54 p.m., advising her that "no further action will be taken." The Detention Center acknowledges receipt of Ms. Anderson's request but notes that the request was "written either on scrap paper or on the backs of forms or memos contained in the cell's folder. " The Detention Center indicates that the requests were returned to Ms. Anderson and that she was advised "to properly submit her request on a Henderson County Requisition form, which are provided in the cell folders, for any action to be taken." 1
In correspondence directed to this office after Ms. Anderson initiated her open records appeal, the Detention Center stated:
1. Per KRS 422.315 Paragraph (2) The Department of Corrections shall not be considered as a Health Care provider.
2. Per KRS 197.025 No person shall have access to any records if the discloser is deemed by the Jailer to constitute a threat to the Inmate, security or other inmates, staff or the Institution.
3. Inmate Anderson has not been denied a review of her medical records. She was provided thirty (30) minutes to review them and was instructed that a hard copy would be provided upon her release and request.
4. Upon Intake, Inmate Anderson stated that she has mental health issues as confirmed by a review of her records. Therefore, her request for copies of her medical records was denied.
The Detention Center did not, however, address Ms. Anderson's request for the policy that prohibits her from receiving mental health treatment because medical staff has determined that she is noncompliant with prescribed medications.
Ms. Anderson requested a copy of a policy. She did not request her medical records. It is unclear whether the requested policy exists and, if so, whether disclosure of the policy is deemed "to constitute a threat to the security of the inmate, any other inmate, correctional staff, the institution, or any other person." KRS 197.025(1). 2 It is incumbent on the Detention Center to respond to Ms. Anderson's request, in writing, and advise her whether the policy, as described, exists. If the policy exists, it must provide her with a copy, upon prepayment of copying and postage charges per KRS 61.872(3)(b), or identify the statute authorizing nondisclosure of the policy. Clearly, the Henderson County Detention Center expended considerable effort in attempting to respond to Ms. Anderson's request, but its effort fell short. Because the Detention Center failed to address her request for the policy, if any, that prohibits her from receiving mental health treatment when medical staff determines that she is noncompliant with her medication, it must issue a supplemental response to Ms. Anderson's December 23 request that is consistent with the analysis set forth above.
Either party may appeal this decision 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.
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