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 Blackburn Correctional Complex violated the Kentucky Open Records Act in its disposition of inmate Rocky Saylor's March 11, 2013, request to inspect his pre-sentence investigation (PSI) report. We find no violation of the Act.
Mr. Saylor's request was received on March 12, 2013. The following day, Offender Records Supervisor Susan Wilhoit-Oliver 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 cpp28-01-09, Section v, your 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. Saylor was not entitled to view this record.
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.
Distributed to:
Rocky Saylor, # 000090Linda Keeton, Esq.Ms. Susan Wilhoit-Oliver