197.025 Restrictions on access to inmate and facility records -- Appeal procedure --

369 words·~2 min read·/ky/197-025

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Restrictions on access to policies and procedure.

(1)KRS 61.870 to 61.884 to the contrary notwithstanding, no person shall have access

to any records if the disclosure is deemed by the commissioner of the department or

his designee to constitute a threat to the security of the inmate, any other inmate,

correctional staff, the institution, or any other person.

(2)KRS 61.870 to 61.884 to the contrary notwithstanding, the department shall not be

required to comply with a request for any record from any inmate confined in a jail

or any facility or any individual on active supervision under the jurisdiction of the

department, unless the request is for a record which contains a specific reference to

that individual.

(3)KRS 61.870 to 61.884 to the contrary notwithstanding, all persons confined in a

penal facility shall challenge any denial of an open record with the Attorney General

by mailing or otherwise sending the appropriate documents to the Attorney General

within twenty

(20)days of the denial pursuant to the procedures set out in KRS

61.880(2) before an appeal can be filed in a Circuit Court.

(4)KRS 61.870 to 61.884 to the contrary notwithstanding, the Department of

Corrections shall refuse to accept the hand delivery of an open records request from

a confined inmate.

(5)KRS 61.870 to 61.884 to the contrary notwithstanding, all records containing

information expunged pursuant to law shall not be open to the public.

(6)The policies and procedures or administrative regulations of the department which

address the security and control of inmates and penitentiaries shall not be accessible

to the public or inmates. The Administrative Regulations Review Subcommittee's

review process for any of these policies and procedures or administrative

regulations, which may be filed with the regulations compiler, shall be conducted in

closed sessions and held confidential.

(7)KRS 61.870 to 61.884 to the contrary notwithstanding, upon receipt of a request for

any record, the department shall respond to the request within five

(5)days after

receipt of the request, excepting Saturdays, Sundays, and legal holidays, and state

whether the record may be inspected or may not be inspected, or that the record is

unavailable and when the record is expected to be available.