501 KAR 6:350. Inmate or offender on supervision record request

Section 1. Definitions. (1) "Custodian" is defined by KRS 61.870(6). (2) "Fee" means the copy cost of ten cents per page or the cost of the media used for disclosure of information and the cost to mail the records if applicable. (3) "Information" means sharing knowledge or facts regarding a specific document, event, situation or condition. (4) "Media" is defined by KRS 61.870(7). (5) "Official custodian" is defined by KRS 61.870(5). (6) "Open records coordinator" means the individual designated by the warden at each institution, the district supervisor at each probation and parole district office, and the individual designated by the commissioner in the Department of Corrections central office to receive, date, and process open records requests. (7) "Public agency" is defined by KRS 61.870(1). (8) "Public record" is defined by KRS 61.870(2). (9) "Request" means a written document that requests the opportunity to inspect or copy a public record. (10) "Resident of the Commonwealth" is defined by KRS 61.870(10). Section 2. Fees. The fee for each page of a copy of a record shall be ten (10) cents unless the cost to produce the page is more than ten (10) cents not including staff time. The fee and any required postage shall be paid to the custodian or designee prior to the release of a copy of the public record, unless the fee or postage is waived. If the record is requested in a non-standard form, the custodian may require the costs of staff preparation to be paid in advance. Section 3. Requests from an Inmate to an Institution in which the Inmate is Incarcerated. (1) An inmate housed in a jail or state or private prison may obtain a copy of a public record that contains a specific reference to him to the extent allowed by law. The inspection of a public record by an inmate incarcerated in a jail or state or private prison that contains a specific reference to him: (a) Shall be limited to the jail or state or private prison in which the inmate is incarcerated; and (b) Shall not include special housing areas that preclude the inmate from moving about the jail or state or private prison, including special management, restrictive housing, medical department, or infirmary. (2) An inmate shall make a request to the open records coordinator at the institution for a public record maintained in the electronic offender management system or the electronic health record to the institution in which the inmate is incarcerated. (3) An inmate may use the form promulgated by the Office of the Attorney General to request a record. If the form is used, the written request shall include the inmate's cell, room, or housing assignment for the address and to prevent a delay in processing the inmate's name shall include the inmate's number. If the form is not used, the request shall contain the following information: (a) The inmate's name and inmate number; (b) Cell, room or housing assignment; (c) A description of the record being requested; and (d) Signature of person making the request. (4) The request shall be made either: (a) By institutional mail to the open records coordinator; or (b) By first class U.S. mail to the open records coordinator or custodian of the record. (5) An open records request shall be mailed and shall not be hand delivered given the security requirements of a correctional institution. (6) If a copy of a public record is requested, the inmate shall provide with his request a money authorization allowing the cost to be deducted from his inmate account on the form required by his institution to allow for payment of the cost of the copy. (a) If the inmate does not have sufficient funds for payment of the fee, he may request the opportunity to inspect the record if it is located at his institution and he is not prohibited from inspection because of access restrictions; or (b) The inmate may send the request again upon receipt of sufficient funds to cover payment of the fee. Section 4. Requests from an Inmate or Offender on Active Supervision to the Department of Corrections Central Office, a Probation and Parole District Office, or an Institution in which the Inmate is Not Incarcerated. (1) An inmate shall: (a) Follow the requirements for a request stated in Section 3 of this administrative regulation except for the money authorization and sending the request to the open records coordinator for the office or institution as appropriate; and (b) Provide a check from his inmate account after being informed of the cost to obtain a copy of the record. (2) An offender on active supervision shall provide a written request containing the following information: (a) Name and address; (b) A description of the public record being requested; and (c) Signature of the person making the request. (3) Prepayments shall not be sent unless the amount is the exact cost for the copies of the records and any necessary postage. A check or money order for the exact amount shall be sent after being informed of the cost to obtain a copy of the record.