26-ORD-103 – Leonel Martinez/Little Sandy Correctional Complex

Opinion Content:

March 16, 2026

In re: Leonel Martinez/Little Sandy Correctional Complex

Summary: The Little Sandy Correctional Complex (the “Complex”) did
not violate the Open Records Act (“the Act”) when it required an inmate
to pay ten cents per page for a certified account statement and include
his housing assignment on his request form.

Open Records Decision

Inmate Leonel Martinez (“the Appellant”) requested a six-month “Certification
of Inmate Accounts” from the Complex. In a timely response, the Complex denied the
request due to the Appellant’s failure to include his housing assignment on the
request form and to submit a cash pay order (CPO) to cover the copying fee of ten
cents per page. This appeal followed.

Under KRS 61.874(1), “[w]hen copies are requested, the custodian may require
. . . advance payment of the prescribed fee.” Thus, an inmate is entitled to receive a
copy of a record only after “complying with the reasonable charge of reproduction.”
Friend v. Rees, 696 S.W.2d 325, 326 (Ky. App. 1985); see also 26-ORD-048; 23-ORD-
176; 23-ORD-029; 95-ORD-105. Ten cents per page is a reasonable charge for copies.
Id.

Further, “an inmate must accept the necessary consequences of his
confinement, including policies relative to application for, and receipt of, public
records.” 95-ORD-105. The Corrections Policies and Procedures (“CPP”) are
incorporated by reference in 501 KAR 6:020 § 1(1). Under CPP 6.1(II)(B)(3), a request
for records from an inmate must include the inmate’s “cell, room, or housing
assignment.” 1 The Office “has found CPP 6.1 to be an acceptable way to manage the
differences required in a correctional setting and security issues.” 17-ORD-042.

1 See https://corrections.ky.gov/About/cpp/Documents/06/CPP%206.1%20Effective%202025%20-
%202-4-25%20REG%20350.pdf (last accessed March 16, 2026).

Accordingly, the Complex did not violate the Act when it required the Appellant to
submit payment in advance and include his housing assignment on the request form.

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 [email protected].

Russell Coleman
Attorney General

/s/ James M. Herrick
James M. Herrick
Assistant Attorney General

Leonel Martinez, #216925
Charles Bates, Esq.
Nathan Goens, Esq.
Ms. Sara Talarigo
Ms. Ann Smith