Opinion
Opinion By: Andy Beshear,Attorney General;Gordon R. Slone,Assistant Attorney General
Open Records Decision
On June 22, 2016, David Hoff, an inmate incarcerated at the Kentucky State Reformatory (KSR), requested a "copy of list of outside confidential support services (rape crisis centers) with mailing addresses and toll free hotline phone numbers. This request is made pursuant to 28 CFR 115.53(a)." On June 28, 2016, Connor Jeffries, Offender Information Specialist, responded: "Your 'request' isn't actually an Open Record's request. The Office of the Attorney General has consistently held that the 'Open Records' provision does not require a public agency to compile information or answer questions, but is only to produce documents.. ..which are responsive to a request [ sic ] KRS 61.872(1), OAG 92-9. If you would like to write Re-entry, they should be able to provide you with the information that you are wanting."
Mr. Hoff appealed KSR's response to this Office by letter dated June 29, 2016, where he stated, in pertinent part: "According to the Prison Rape Elimination Act, Prison and Jail Standards, 28 CFR Part 115 May 17 2012 [ sic ], more specifically 18 CFR 115.53(a) which states, 'The Facility shall provide inmates with access to outside victim advocates for emotional support services related to sexual abuse by giving inmates mailing addresses and telephone numbers, including toll free hotline numbers where available, of local, state, or national victim advocacy or rape crisis organizations." On July 13, 2016, Amy V. Barker, Assistant General Counsel, Justice and Public Safety Cabinet, responded to the appeal on behalf of KSR. In her letter, Ms. Barker acknowledged that the initial response to Mr. Hoff's request did not cite the correct exception. Ms. Barker went on to explain that:
A list of rape crisis centers is not a record that contains a specific reference to the inmate requesting it. "KRS 197.025(2) expressly authorizes correctional facilities like [KSR] to deny a request by an inmate unless the record(s) contains a specific reference to that inmate. " 08-ORD-271, p. 3. This statute in conjunction with KRS 61.878(1)(l) clearly shows that the Department of Corrections is not obligated to provide copies of records when they do not contain a specific reference to the inmate who requests the records. See 15-ORD-199, 15-ORD-172, 15-ORD-088, 15-ORD-025, 14-ORD-048, 13-ORD-054, 13-ORD-013, 12-ORD-090, 10-ORD-228, 09-ORD-057, 08-ORD-271, 07-ORD-219, 04-ORD-076, 03-ORD-073.
While inmate Hoff is entitled to receive the contact information he seeks, he is not able to seek it through an open records request. The process to obtain the information has been provided in a supplemental response to him.
Attached to Ms. Barker's letter was the supplemental response to Mr. Hoff. That response, dated July 13, 2016, from Connor Jeffries, stated that the list of outside confidential support services (rape crisis centers) was denied as that list was not a record containing a specific reference to him. "You are welcome to obtain this information from the posters placed in numerous locations at the institution or you may write to the KSR PREA Compliance Manager for this information." The response cited KRS 61.878(1)(l) and KRS 197.025(3) as the basis for denying Mr. Hoff the requested information.
Kentucky State Reformatory did not cite to KRS 197.025(2) and KRS 61.878(1)(l) in responding to the initial request from Mr. Hoff, but recognized and corrected that error in the letter from Ms. Barker and the July 13, 2016, response by Connor Jeffries. As consistently recognized by the Attorney General, KRS 197.025(2) expressly authorizes correctional facilities to deny a request by an inmate unless the record(s) contains a specific reference to that inmate. Because the records at issue do not contain a specific reference to Mr. Hoff, as required by the language of KRS 197.025(2) and incorporated through operation of KRS 61.878(1)(l), he is not entitled to inspect or to receive copies of the requested records. The numerous Open Records Decisions cited by Ms. Barker are controlling on the facts in this case and KSR ultimately discharged its duty under the Open Records Act by informing Mr. Hoff of the basis (KRS 197.025(2) and KRS 61.878(1)(l)) for denying him the requested records.
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.