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 Kentucky State Reformatory did not violate the Open Records Act in denying Timothy Fancher's September 26, 2005, request for a copy of his presentence investigation report. It is the opinion of this office that 00-ORD-221, a copy of which is attached hereto and incorporated by reference, is controlling. See also, 04-ORD-224; 03-ORD-228; 03-ORD-198; 00-ORD-85; 96-ORD-147. Department of Corrections counsel reviewed the Final Judgment and Sentence of Confinement on Indictment # 93-CR-00001 and confirmed that "Mr. Fancher and his attorney were provided a copy of the PSI and given time in which to controvert the factual contents prior to final sentencing." Pursuant to KRS 439.510 and KRS 61.878(1)(l), counsel asserted that Mr. Fancher is not entitled to a copy of his PSI from KSR or the Department of Corrections. We affirm, in full, the denial of his request.
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.
Timothy Fancher, # 115713Kentucky State Reformatory3001 West Highway 146LaGrange, KY 40032
Marc AbeloveOffender Records CustodianKentucky State Reformatory3001 West Highway 146LaGrange, KY 40032
Emily DennisStaff AttorneyJustice and Public Safety CabinetOffice of Legal Services125 Holmes Street, 2nd FloorFrankfort, KY 40601