24-ORD-253
November 26, 2024
In re: Lucius Adams/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
Inmate Lucius Adams (“Appellant”) submitted a request to the Complex to
inspect his PSI report related to a specific Jefferson Circuit Court criminal case. The
Complex denied the request because the PSI report “of a criminal defendant is
excluded from public inspection as confidential and privileged by statute,” citing
KRS 439.510 and KRS 61.878(1)(l).1 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 thus, are within the scope of KRS 439.510. Thus, the
Supreme Court of Kentucky has held that “[t]he PSI [report] would be a public record
1
KRS 439.510 is incorporated into the Act by KRS 61.878(1)(l), which exempts “[p]ublic records or
information the disclosure of which is prohibited or restricted or otherwise made confidential by
enactment of the General Assembly.”subject to the Open Records law, KRS 61.870, except for the fact that it is excluded
from public inspection by virtue of [KRS 61.878(1)(l)]2 which exempts any records
made confidential by the General Assembly.” Commonwealth v. Bush, 740 S.W.2d
943, 944 (Ky. 1987); see also 23-ORD-312; 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 a PSI report.
A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under 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.
Russell Coleman
Attorney General
/s/ Matthew Ray
Matthew Ray
Assistant Attorney General
#437
Distributed to:
Lucius Adams #318693
Michelle Harrison
Renee Day
Ann Smith
2
The exception to the Act for records made confidential by an enactment of the General Assembly
was previously codified at KRS 61.878(1)(j). KRS 61.878 has since been amended, and the exception
has been renumbered KRS 61.878(1)(l). See 1994 Ky. Acts ch. 262 § 5.