(1) There is hereby created the address confidentiality program in the department to protect the confidentiality of the actual address of a relocated victim of domestic violence, a sexual offense, or stalking and to prevent the victim's assailants or potential assailants from finding the victim through public records. Under the program, the executive director or his or her designee shall:
Designate a substitute address for a program participant that shall be used by stateand local government agencies as set forth in this part 21; and
Receive mail sent to a program participant at a substitute address and forward themail to the participant as set forth in subsection (2) of this section.
The executive director or his or her designee shall receive first-class, certified, orregistered mail on behalf of a program participant and forward the mail to the participant for no charge. The executive director or his or her designee may arrange to receive and forward other classes or kinds of mail at the participant's expense. Neither the executive director nor his or her designee shall be required to track or otherwise maintain records of any mail received on behalf of a participant unless the mail is certified or registered mail.
(a) Notwithstanding any provision of law to the contrary, a program participant may be served by registered mail or by certified mail, return receipt requested, addressed to the participant at his or her substitute address with any process, notice, or demand required or permitted by law to be served on the program participant. Service is perfected under this subsection (3) at the earliest of:
The date the program participant receives the process, notice, or demand; or
Five days after the date shown on the return receipt if signed on behalf of the program participant.
This subsection (3) does not prescribe the only means, or necessarily the requiredmeans, of serving a program participant in the state.
Whenever the laws of the state provide a program participant a legal right to actwithin a prescribed period of ten days or less after the service of a notice or other paper upon the participant and the notice or paper is served upon the participant by mail pursuant to this subsection (3) or by first-class mail as otherwise authorized by law, five days shall be added to the prescribed period.
(4) The executive director or his or her designee may designate as an application assistant any person who:
Provides counseling, referral, or other services to victims of domestic violence, asexual offense, or stalking; and
Completes any training and registration process required by the executive director orhis or her designee.
(5) Any assistance and counseling rendered by the executive director or his or her designee or an application assistant to an applicant related to this part 21 shall in no way be construed as legal advice.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1110, § 2, effective June 2.
Editor's note: This section is similar to former § 24-21-204 as it existed prior to 2011. 24-30-2105. Filing and certification of applications - authorization card. (1) On and after July 1, 2008, upon the recommendation of an application assistant, an individual may apply to the executive director or his or her designee to participate in the address confidentiality program. The following individuals may apply to the executive director or his or her designee to have an address designated by the executive director or his or her designee to serve as the substitute address of the individual and any individuals designated in paragraph (j) of subsection (3) of this section:
An adult individual;
A parent or guardian acting on behalf of a minor when the minor resides with theindividual; or
A guardian acting on behalf of an incapacitated individual.
An application assistant shall assist the individual in the preparation of the application. The application shall be dated, signed, and verified by the applicant and shall be signed and dated by the application assistant who assisted in the preparation of the application. The signature of the application assistant shall serve as the recommendation by such person that the applicant have an address designated by the executive director or his or her designee to serve as the substitute address of the applicant. A minor or incapacitated individual on whose behalf a parent or guardian completes an application pursuant to the authority set forth in paragraph (b) or (c) of subsection (1) of this section shall be considered the applicant, but any statements that are required to be made by the applicant shall be made by the parent or guardian acting on behalf of the minor or incapacitated individual.
The application shall be on a form prescribed by the executive director or his or herdesignee and shall contain all of the following:
The applicant's name;
A statement by the applicant that the applicant is a victim of domestic violence, asexual offense, or stalking and that the applicant fears for his or her safety;
Evidence that the applicant is a victim of domestic violence, a sexual offense, orstalking. This evidence may include any of the following:
Law enforcement, court, or other state or local government agency or federal agencyrecords or files;
Documentation from a domestic violence program or facility, including but not limited to a battered women's shelter or safe house, if the applicant is alleged to be a victim of domestic violence;
Documentation from a sexual assault program if the applicant is alleged to be avictim of a sexual offense; or
Documentation from a religious, medical, or other professional from whom the applicant has sought assistance in dealing with the alleged domestic violence, sexual offense, or stalking.
A statement by the applicant that disclosure of the applicant's actual address wouldendanger the applicant's safety;
A statement by the applicant that the applicant has confidentially relocated in the pastninety days or will confidentially relocate in the state;
A designation of the executive director or his or her designee as an agent for theapplicant for purposes of receiving certain mail;
The mailing address and telephone number where the applicant can be contacted bythe executive director or his or her designee;
The actual address that the applicant requests not to be disclosed by the executivedirector or his or her designee that directly relates to the increased risk of domestic violence, a sexual offense, or stalking;
A statement as to whether there is any existing court order or court action involvingthe applicant or an individual identified in paragraph (j) of this subsection (3) related to dissolution of marriage proceedings, child support, or the allocation of parental responsibilities or parenting time and the court that issued the order or has jurisdiction over the action;
The name of any person who resides with the applicant who also needs to be a program participant in order to ensure the safety of the applicant and, if the person named in the application is eighteen years of age or older, the consent of such person to be a program participant;
A statement by the applicant, under penalty of perjury, that to the best of the applicant's knowledge, the information contained in the application is true.
Upon determining that an application has been properly completed, the executivedirector or his or her designee shall certify the applicant and any individual who is identified in paragraph (j) of subsection (3) of this section as a program participant. Upon certification, the executive director or his or her designee shall issue to the participant an address confidentiality program authorization card, which shall include the participant's substitute address. The card shall remain valid for so long as the participant remains certified under the program.
Applicants and individuals identified in paragraph (j) of subsection (3) of this sectionshall be certified for four years following the date of filing unless the certification is withdrawn or canceled prior to the end of the four-year period. A program participant may withdraw the certification by filing a request for withdrawal acknowledged before a notary public. A certification may be renewed by filing a renewal application with the executive director or his or her designee at least thirty days prior to expiration of the current certification. The renewal application shall be dated, signed, and verified by the applicant. The renewal application shall contain:
Any statement or information that is required by subsection (3) of this section thathas changed from the original application or a prior renewal application; and
A statement by the applicant, under penalty of perjury, that to the best of the applicant's knowledge, the information contained in the renewal application and a prior application is true.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1111, § 2, effective June 2.
Editor's note: This section is similar to former § 24-21-205 as it existed prior to 2011.