Opinion
Opinion By: Jack Conway, Attorney General; James M. Herrick, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Green River Correctional Complex ("GRCC") violated the Kentucky Open Records Act in its disposition of inmate Dock B. Hillman's January 19, 2010, request to inspect "[a]ll nonconfidential matters contained in my PSI Report, and institutional file at Green River Correctional Complex regarding [ sic ] pursuant to Commonwealth v. Chestnut 250 S.W.3d 655 (Ky. 2008)." We conclude that the actions of GRCC were lawful as to the pre-sentence investigation (PSI) report, but not as to the inmate file.
Mr. Hillman's request was received on January 27, 2010. The following day, Records Custodian Vanessa Dortch responded that PSI reports "are privileged by statute and exempt from inspection under KRS 61.878(1)(l). Specifically, she stated that "[y]ou did not waive your PSI, which was completed by sentencing. Therefore you were given an opportunity to refute factual contents at the time of sentencing. Pursuant to CPP 28-01-09, Section V, you request may be made for a waived PSI only. Therefore, your request is denied." It is well established in the decisions of this office that a PSI report is exempt from an inmate's inspection under these circumstances pursuant to KRS 439.510 as incorporated into the Open Records Act by KRS 61.878(1)(l). 06-ORD-062; 05-ORD-102; 03-ORD-228; 00-ORD-221. Accordingly, Mr. Hillman was not entitled to view this record.
As for Mr. Hillman's request to view the non-confidential material in his institutional file, Ms. Dortch characterized this as a "blanket request" to which the facility need not respond and asked him to resubmit his request "with specific document names you wish to review." In light of Com. v. Chestnut, 250 S.W.3d 655 (Ky. 2008), which contained identical facts and which Mr. Hillman explicitly cited in making his request, there is no legal basis for GRCC's denial of this portion of the request on the grounds asserted. GRCC thus violated the Act.
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 proceedings.
Dock B. Hillman # 106707Stafford Easterling, Esq.Vanessa Dortch