Opinion
Opinion By: Gregory D. Stumbo, Attorney General; James m. Ringo, 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 the Fulton County Detention Center did not violate the Open Records Act in denying that portion of Michael J. Mezo's request to inspect his pre-sentence investigation report (PSI), as he was given the opportunity to review his PSI records at final sentencing. We find 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. Pursuant to KRS 439.510 and KRS 61.878(1)(l), the PSI report is exempt from an inmate's inspection, if he was given the opportunity to review his PSI records at final sentencing. We affirm the denial of this portion of Mr. Mezo's request. 1
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.
Footnotes
Footnotes
1 By letter dated February 24, 2006, Jeff Johnson, Fulton County Detention Center, advised this office that Mr. Mezo had been allowed to inspect all non-exempt public records in his institutional file. Mr. Mezo also signed an acknowledgment that he had been provided an opportunity to inspect all non-exempt public records in his institutional file and that he was withdrawing that portion of his appeal. Accordingly, the appeal as to that portion of his request is withdrawn and no decision on that issue will be rendered.