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25-ORD-127

May 15, 2025

In re: Uriah Pasha/Lee Adjustment Center

Summary: The Lee Adjustment Center (“the Center”) did not violate
the Open Records Act (“the Act”) when it withheld pre-parole progress
reports under KRS 61.878(1)(j).

Open Records Decision

Inmate Uriah Pasha (“the Appellant”) submitted a request to the Center for a
copy of pre-parole progress reports prepared in advance of his parole hearings on
November 1, 2025, August 21, 2024, and October 20, 2022. The Center denied the
request under KRS 61.878(1)(j) on the grounds that the reports1 were “preliminary
document[s] that [were] not adopted by the Parole Board as part of its parole
decision.” In addition, the Center denied the request because “the assessment is
prepared from the PSI [presentence investigation] and contains information gathered
by probation and parole officers and is exempt pursuant to KRS 439.510.” This appeal
followed.

KRS
61.878(1)(j)
exempts
from
public
disclosure
“[p]reliminary
recommendations, and preliminary memoranda in which opinions are expressed or
policies formulated or recommended.” Records subject to KRS 61.878(1)(j) lose their
exempt status only when adopted by the agency as the basis of its final action. See
Ky. State Bd. of Med. Licensure v. Courier-Journal & Louisville Times Co., 663 S.W.2d
953, 956–57 (Ky. App. 1983) (citing City of Louisville v. Courier-Journal & Louisville
Times Co., 637 S.W.2d 658 (Ky. App. 1982)). In OAG 92-125, the Office described a
pre-parole progress report as a record that “contains the caseworker’s opinions in
such areas as staff interaction, psychological and psychiatric condition, medical
condition and work performance,” which is therefore “a preliminary document
containing opinions, observations, and recommendations [that] is purely advisory

1
In its response, the Center referred to the document as a “Parole Board Risk and Needs
Assessment,” whereas on appeal the Center refers to it as a “Pre-Parole Progress Report.” The two
terms appear to have the same meaning.and is one of several documents submitted to the Parole Board for its consideration.”
Accordingly, pre-parole progress reports are exempt from disclosure under
KRS 61.878(1)(j) unless they are adopted as the basis of the Parole Board’s final
action. See, e.g., 17-ORD-060; 14-ORD-150; 12-ORD-230. Here, the Center asserts the
reports were not adopted as the basis of final action. Therefore, the Center did not
violate the Act when it denied the Appellant’s request.2

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 within 30 days
from the date of this decision. 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.

Russell Coleman

Attorney General

/s/ James M. Herrick

James M. Herrick

Assistant Attorney General

#173

Distributed to:

Uriah Pasha, #092028
G. Edward Henry, II, Esq.
Daniel Akers, Warden
Kristy Hale, Records Custodian

2
Because KRS 61.878(1)(j) is dispositive of the issues on appeal, it is unnecessary to address the
Center’s alternative argument under KRS 439.510.

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:
Uriah Pasha
Agency:
Lee Adjustment Center
Type:
Open Records Decision
Neighbors

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