Opinion
Opinion By: Andy Beshear,Attorney General;James M. Herrick,Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Kentucky State Reformatory (KSR) violated the Open Records Act by its denial of inmate John Martin's June 6, 2016, request for a copy of "the complete SOTP parole report sent to the Parole Board." We find no violation of the Act.
In 16-ORD-146 (copy attached), issued this same date, relying in substantial part on 14-ORD-008, we ruled that SOTP [Sex Offender Treatment Program] reports not adopted in whole or in part as the basis for a decision of the Parole Board are preliminary documents exempt from disclosure under KRS 61.878(1)(i)-(j). Since the Department of Corrections has indicated that neither Mr. Martin's SOTP report nor the information in it was adopted in the Parole Board's decision, we reach the same result as in 16-ORD-146 and adopt it as the basis for our decision herein. Accordingly, we find no violation of the Open Records Act in the denial of Mr. Martin's 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 proceedings.