Opinion
Opinion By: Daniel Cameron,Attorney General;James M. Herrick,Assistant Attorney General
Summary : Northpoint Training Center ("Center") did not violate the Open Records Act ("the Act") when it denied an inmate's request for a copy of his presentence investigation ("PSI") report under KRS 439.510.
Open Records Decision
Inmate Michael Lemon ("Appellant") requested to inspect his PSI report. The Center denied that request because PSI reports are exempt from disclosure under KRS 439.510, which is incorporated into the Act under KRS 61.878(1)(l). This appeal followed.
KRS 439.510 provides:
PSI reports are records prepared by probation and parole officers in the discharge of their official duties, and therefore are within the scope of KRS 439.510. Thus, the Supreme Court of Kentucky has held that "[t]he PSI would be a public record 20-ORD-165 subject to the Open Records law, KRS 61.870, except for the fact that it is excluded from public inspection by virtue of KRS 61.878(1)(j) 1 which exempts any records made confidential by the General Assembly."
Commonwealth v. Bush , 740 S.W.2d 943, 944 (Ky. 1987). Accordingly, the Center did not violate the Act when it denied Appellant's request for a PSI report.
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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceedings.
Daniel Cameron
Attorney General
/s/ James M. Herrick
James M. Herrick
Assistant Attorney General
Footnotes
Footnotes
1 KRS 61.878(1)(j) is the former designation of the exception to the Act for records made confidential by an enactment of the General Assembly. That provision is now located in KRS 61.878(1)(l).