NOT TO BE PUBLISHED

97-ORD-53

April 1, 1997

In re: Raymond David Watson/Eastern Kentucky Correctional Complex

Open Records Decision

This matter having been presented to the Attorney General in an open records appeal, and the Attorney General having considered the relevant facts and law, we find that Eastern Kentucky Correctional Complex properly denied Raymond David Watson's February 25, 1997, request for his pre-sentence investigation report. We believe that 95-ORD-144, and the authorities cited therein, are controlling. A copy of 95-ORD-144 is enclosed and is adopted by reference. We are also persuaded by the Corrections Cabinet's well-reasoned denial of a similar requested submitted by Mr. Watson and sent to him on March 7, 1997. We therefore conclude that Eastern Kentucky Correctional Complex did not violate provisions of KRS 61.870 to 61.884 in denying Mr. Watson'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 proceeding.

A. B. Chandler III

Attorney General

Amye L. Bensenhaver

Assistant Attorney General

#241

Enclosure

Distributed to:

Raymond David Watson #117736

Eastern Kentucky Correctional Complex

P. O. Box 636

West Liberty KY 41472

Michelle Nickell

Records Custodian

Eastern Kentucky Correctional Complex

P. O. Box 636

West Liberty KY 41472

Tamela Biggs

Staff Attorney

Department of Corrections

State Office Building

Frankfort KY 40601