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Opinion

Opinion By: Daniel Cameron,Attorney General;Michelle D. Harrison,Assistant Attorney General

Open Records Decision

Appellant requested from the Center a copy of the Center's policies and procedures regarding the calculation of "time credit" for inmates serving their sentences. However, the Center denied Appellant's request under KRS 197.025(2) because the requested policy did not contain a specific reference to Appellant.

KRS 197.025(2) authorized the Center to deny the request. The Center is not "required to comply with a request for any record from any inmate . . . unless the request is for a record which contains a specific reference to that individual." KRS 197.025(2). The policy Appellant requested is a generally applicable policy that does not refer to any specific inmate. Accordingly, the Center did not violate the Act in denying the request. 1

Either party may appeal this decision may appeal by initiating action in the appropriate circuit court per KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceeding.

Footnotes

Footnotes

1 The Center also stated on appeal that it did not realize initially that Appellant had requested a previous version, or "historical version," of the policy. The Center stated that upon realizing that Appellant sought an older version of the policy, it determined that it did not possess a copy of the older policy.

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:
Keith M. Owens
Agency:
Northpoint Training Center
Type:
Open Records Decision
Lexis Citation:
2020 KY. AG LEXIS 416
Forward Citations:
Neighbors

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