KRS 17.150: Reports by law enforcement officers and criminal justice agencies --

Public inspection exemptions -- Administrative regulations -- Information

from the Court of Justice.

(1) Every sheriff, chief of police, coroner, jailer, prosecuting attorney, probation

officer, parole officer; warden or superintendent of a prison, reformatory,

correctional school, mental hospital, or institution for the intellectually disabled;

Department of Kentucky State Police; state fire marshal; Board of Alcoholic

Beverage Control; Cabinet for Health and Family Services; Transportation

Cabinet; Department of Corrections; Department of Juvenile Justice; and every

other person or criminal justice agency, except the Court of Justice and the

Department of Public Advocacy, public or private, dealing with crimes or

criminals or with delinquency or delinquents, when requested by the cabinet,

shall:

(a) Install and maintain records needed for reporting data required by the

cabinet;

(b) Report to the cabinet as and when the cabinet requests all data

demanded by it, except that the reports concerning a juvenile delinquent

shall not reveal the juvenile's or the juvenile's parents' identity;

(c) Give the cabinet or its accredited agent access for purpose of inspection;

and

(d) Cooperate with the cabinet to the end that its duties may be properly

performed.

(2) Intelligence and investigative reports maintained by criminal justice agencies

are subject to public inspection if prosecution is completed or a determination

not to prosecute has been made. However, portions of the records may be

withheld from inspection if the inspection would disclose:

(a) The name or identity of any confidential informant or information which

may lead to the identity of any confidential informant;

(b) Information of a personal nature, the disclosure of which will not tend to

advance a wholesome public interest or a legitimate private interest;

(c) Information which may endanger the life or physical safety of law

enforcement personnel; or

(d) Information contained in the records to be used in a prospective law

enforcement action.

(3) When a demand for the inspection of the records is refused by the custodian of

the record, the burden shall be upon the custodian to justify the refusal of

inspection with specificity. Exemptions provided by this section shall not be

used by the custodian of the records to delay or impede the exercise of rights

granted by this section.

(4) Centralized criminal history records are not subject to public inspection.

Centralized history records mean information on individuals collected and

compiled by the Justice and Public Safety Cabinet from criminal justice

agencies and maintained in a central location consisting of identifiable

descriptions and notations of arrests, detentions, indictments, information, or

other formal criminal charges and any disposition arising therefrom, including

sentencing, correctional supervision, and release. The information shall be

restricted to that recorded as the result of the initiation of criminal proceedings

or any proceeding related thereto. Nothing in this subsection shall apply to

documents maintained by criminal justice agencies which are the source of

information collected by the Justice and Public Safety Cabinet. Criminal justice

agencies shall retain the documents and no official thereof shall willfully

conceal or destroy any record with intent to violate the provisions of this

section.

(5) The provisions of KRS Chapter 61 dealing with administrative and judicial

remedies for inspection of public records and penalties for violations thereof

shall be applicable to this section.

(6) The secretary of justice and public safety shall adopt the administrative

regulations necessary to carry out the provisions of the criminal history record

information system and to insure the accuracy of the information based upon

recommendations submitted by the commissioner, Department of Kentucky

State Police.

(7) The Administrative Office of the Courts may, upon suitable agreement between

the Chief Justice and the secretary of justice and public safety, supply criminal

justice information and data to the cabinet. No information, other than that

required by KRS 27A.350 to 27A.420 and 27A.440, shall be solicited from a

circuit clerk, justice or judge, court, or agency of the Court of Justice unless the

solicitation or request for information is made pursuant to an agreement which

may have been reached between the Chief Justice and the secretary of justice

and public safety.