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 Luther Luckett Correctional Complex did not violate the Open Records Act in denying Lester Wagner's request for a copy of his presentence investigation report on the basis of KRS 439.510, incorporated into the Act by operation of KRS 61.878(1)(l). 1 It is the decision of this office that 02-ORD-27, a copy of which is attached hereto and incorporated by reference, is controlling. A review of the final judgments entered in Indictment numbers 02-CR-00021 and 01-CR-00129, copies of which were furnished to this office, confirms that Mr. Wagner was informed of the factual contents and conclusions contained in the PSI, and given an opportunity to controvert the report, at final sentencing. Pursuant to the cited provisions, we conclude that Mr. Wagner is not entitled to obtain a copy of his PSI, and affirm the denial of his request. See also, 04-ORD-224; 03-ORD-228; 03-ORD-198; 00-ORD-221; 00-ORD-85; 96-ORD-147.
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.
Lester Wagner, # 158915Luther Luckett Correctional ComplexP.O. Box 6LaGrange, KY 40031
Joann SearcyOffender Records CustodianLuther Luckett Correctional ComplexP.O. Box 6LaGrange, KY 40031
Emily DennisStaff AttorneyJustice and Public Safety CabinetOffice of Legal Services2439 Lawrenceburg Rd.P.O. Box 2400Frankfort, KY 40602-2400
Footnotes
Footnotes
1 Incorrectly identified in LLCC's original response as KRS 61.878(1)(k), but correctly identified in the supplemental response submitted on LLCC's behalf.
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