23-ORD-312
November 20, 2023
In re: Thomas Elza/Eastern Kentucky Correctional Complex
Summary: The Eastern Kentucky Correctional Complex (“the
Complex”) did not violate the Open Records Act (“the Act”) when it
denied an inmate’s request for a copy of his presentence investigation
(“PSI”) report under KRS 439.510.
Open Records Decision
On October 16, 2023, inmate Thomas Elza (“Appellant”) requested to inspect
his PSI report. The Complex denied that request because PSI reports are exempt from
disclosure under KRS 439.510, which is incorporated into the Act by KRS 61.878(1)(l).
This appeal followed.
KRS 439.510 provides:
All information obtained in the discharge of official duty by any
probation or parole officer shall be privileged and shall not be received
as evidence in any court. Such information shall not be disclosed directly
or indirectly to any person other than the court, board, cabinet, or others
entitled under KRS 439.250 to 439.560 to receive such information,
unless otherwise ordered by such court, board or cabinet.
PSI reports are records prepared by probation and parole officers in the discharge of
their official duties, and therefore, are within the scope of KRS 439.510. Thus, the
Supreme Court of Kentucky has held that “[t]he PSI would be a public record subject
to the Open Records law, KRS 61.870, except for the fact that it is excluded frompublic inspection by virtue of KRS 61.878(1)(j)1 which exempts any records made
confidential by the General Assembly.” Commonwealth v. Bush, 740 S.W.2d 943, 944
(Ky. 1987); see also 20-ORD-165; 10-ORD-041; 00-ORD-221. Accordingly, the
Complex did not violate the Act when it denied the Appellant’s request to inspect his
PSI report.
A party aggrieved by this decision may appeal it by initiating an 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.
The Attorney General will accept notice of the complaint emailed to
OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/ James M. Herrick
James M. Herrick
Assistant Attorney General
#489
Distributed to:
Thomas Elza, #187923
Edward Baylous, Esq.
Ms. Sara M. Pittman
Ms. Ann Smith
1
The exception to the Act for records made confidential by an enactment of the General Assembly
was previously codified as KRS 61.878(1)(j). KRS 61.878 has since been amended and the exception is
now codified as KRS 61.878(1)(l). See 1994 Ky. Acts ch. 262 § 5.