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Opinion

Opinion By: Daniel Cameron,Attorney General;James M. Herrick,Assistant Attorney General

Open Records Decision

On December 8, 2020, inmate Daniel Keene ("Appellant") requested copies of 57 photographs attached to e-mails sent to him by private individuals through the JPay communication system. In a timely response, the Complex denied Appellant's request under KRS 61.878(1)(p). This appeal followed.

On appeal, the Complex states that it "mistakenly used an incorrect response due to a communication failure." Rather than relying on KRS 61.878(1)(p), the Complex asserts that the photographs do not contain a specific reference to the Appellant. For that reason, the Complex argues that it properly denied access to the photographs under KRS 197.025(2).

Under KRS 197.025(2), the Center is not "required to comply with a request for any record from any inmate . . . unless the request is for a record which contains a specific reference to that individual." The Attorney General has consistently recognized that KRS 197.025(2) expressly authorizes correctional facilities to deny an inmate's request if the records do not contain a specific reference to that inmate. See, e.g. , 20-ORD-130; 10-ORD-216; 08-ORD-008. 1Accordingly, the Complex did not violate the Act. The request was properly denied because the photographs do not specifically reference the Appellant.

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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceedings.

Footnotes

Footnotes

1 Although the Complex has not raised the issue, this Office has previously found that JPay e-mails between inmates and private individuals are not public records unless such e-mails are actually used by the facility. See 20-ORD-109.

LLM Summary
The decision addresses an appeal by inmate Daniel Keene regarding the denial of his request for copies of photographs that were sent to him via the JPay communication system. The Complex initially denied the request citing the wrong statute but on appeal clarified that the denial was appropriate under KRS 197.025(2) because the photographs did not specifically reference the appellant. The Attorney General upheld the denial, referencing previous decisions that consistently recognize the authority of correctional facilities to deny such requests unless the records specifically reference the inmate.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Daniel Keene
Agency:
Roederer Correctional Complex
Type:
Open Records Decision
Lexis Citation:
2021 KY. AG LEXIS 11
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