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ADDRESS CONFIDENTIALITY PROGRAM

ADDRESS CONFIDENTIALITY PROGRAM. Presented by:. First Sergeant K. Scott Downs Virginia State Police VCIN Program Administrator (804) 674-2630 scott.downs@vsp.virginia.gov. OBJECTIVES. Become aware of the Address Confidentiality Program Learn three phases of implementation of ACP

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ADDRESS CONFIDENTIALITY PROGRAM

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  1. ADDRESS CONFIDENTIALITY PROGRAM

  2. Presented by: First Sergeant K. Scott Downs Virginia State Police VCIN Program Administrator (804) 674-2630 scott.downs@vsp.virginia.gov

  3. OBJECTIVES • Become aware of the Address Confidentiality Program • Learn three phases of implementation of ACP • Learn who may become an ACP participant • Know who is entitled to ACP participant’s address

  4. OBJECTIVES continued • Learn how ACP addresses are used • Learn how to obtain ACP participant’s physical address • Be familiar with disclosure of record and how to dispose of ACP material. • Know where to obtain additional information

  5. INTRODUCTION Address Confidentiality Program (ACP) helps victims who have relocated to a new location unknown to their abuser keeping victims new address confidential.

  6. ACP limits disclosure of Participant’s actual address. • It is not retroactive • Can not provide absolute protection • Each ACP participant should seek counseling through local domestic violence program to determine if ACP should be part of victim’s overall safety.

  7. Va. Code § 2.2-515.2 • Created ACP pilot program July 1, 2007 • First pilot program Arlington County • July 1, 2008, program expanded to 17 additional counties and cities

  8. Albemarle County Augusta County Dickenson County Fairfax County Henry County Lee County Rockbridge County Russell County Scott County Washington County Wise County City of Buena Vista City of Charlottesville City of Lexington City of Martinsville City of Norfolk City of Roanoke 17 Additional Localities

  9. July 1, 2011, program expanded statewide • ACP administered by Office of the Attorney General

  10. Three important components of ACP • ACP provides participants with a legal substitute address. No relation to actual address. • ACP provide participants with cost-free mail-forwarding service. • Through ACP, Office of Attorney General acts as an agent for acceptance of legal service on participants behalf.

  11. Participants may use substitute address as their legal address for: • First Class Mail • State & Governmental agencies must accept as though it is person’s actual address • if state or governmental agency has bona fide statutory or administrative authority for use of actual address, they may petition Office of Attorney General for an exemption.

  12. Drivers License • DMV issue ID cards • Vehicle registrations • School Records

  13. Use actual address when: • Purchasing firearms • To law enforcement • During issuance of a traffic summons for traffic violation • During a criminal investigation • During an arrest situation

  14. Private Companies Such as: Banks, Stores, Utility Companies, Insurance Companies, Etc. Are not required to accept the substitute address

  15. Eligibility For ACP • To help victims of domestic violence, both adults and children, who have confidentially relocated to a location unknown by their abuser. • Applicant is not on Probation or Parole.

  16. Applicant is not a sex offender & not required to register under the Sex Offender & Crimes Against Minor Registry Program (Chapter 9, of Title 9.1 of the Code of Va. • Applicant must be a Virginia permanent resident.

  17. Applicants completed application packet for ACP through local domestic violence programs. • All applicants reviewed by the Office of the Attorney General in Richmond, Va. • ACP participants are certified by the Office of the Attorney General.

  18. Certificate of Participation Each certified participant is : • Assigned a substitute address; • Assigned an authorization code number; • issued an ACP authorization card

  19. Once participants receive their ACP authorization card, they can begin using the ACP substitute address

  20. Sample of ACP Authorization Card

  21. ACP Substitute Address • No relationship to participant’s actual address • All ACP participants use same P.O. Box (P.O. Box 1133, Richmond, Va.) • Unique Authorization Code Number must be used as a part of substitute address.

  22. Use of ACP Substitute Address Participant’s responsibility to notify state and local agencies that they are ACP participants and wish to use their ACP substitute address.

  23. ACP participant’s mail is received at the ACP P.O. Box where it is sorted, repackaged, and mailed to the participant’s physical address. ACP does not forward magazines, catalogs, or “junk” mail.

  24. Services of Legal Process Civil Through the ACP, the Attorney General acts as agent for service of process for any civil legal papers directed to an ACP participant. Any civil legal documents received for service by a law enforcement agency should be served on the Attorney General’s Office.

  25. Once Attorney General’s Office receives civil papers, participant is notified and papers are immediately forwarded to participant.

  26. Services of Legal Process Criminal When law enforcement is required to serve a participant with a criminal warrant or summons, the officer may obtain the participant’s actual address for service purposes. Officer contacts the VCIN Control Center at the Virginia State Police in order to obtain the address information.

  27. The request must be put in an “AM” message to CMD1 and include the following: Participant’s name Participant’s unique code number Requesting officer’s rank, full name, and badge or code number Requesting agencies name Brief summary why the officer needs the requested information. Include Warrant Number if applicable.

  28. Information concerning ACP addresses should be handled in the same manner as Criminal Histories. Be careful and mindful of how information is disseminated. Use care and good judgment. Do not give confidential addresses out over radio if possible. When information is no longer needed and served its purposes, it should be shredded or electronically obliterated.

  29. Requests for participant information must be made in writing. Questions can be made to the VCIN Control Center by calling 804-674-2028 or to the State Police Headquarters Duty Sergeant at 804-674-2026.

  30. Disclosure of Records A participant’s actual address may be entered into the Virginia Criminal Information Network (VCIN) system by the Virginia State Police Control Center so that it may be made known to law-enforcement officers accessing the VCIN system for law enforcement purposes only

  31. The Virginia State Police will have the participant’s address information; however the address information will not be entered into VCIN until a request for the information has been made by law enforcement through the VCIN system.

  32. Otherwise, a law enforcement request for the participant’s address information must be in writing, on agency letterhead and signed by the agency’s chief law enforcement officer. The request must contain the reasons and legitimate purpose for the request.

  33. For example, in the event of a traffic stop, the ACP participant should advise the law enforcement officer of their participation in the program. The law enforcement officer would then send a VCIN message to the Virginia State Police Control Center (CMD1) requesting the participant’s address information. The VCIN Control Center will respond with the participant’s actual address for purposes of the traffic stop.

  34. In the event that the participant’s abuser is a law enforcement officer, it is the responsibility of the ACP participant to seek a protective order (where permitted by the circumstances) against the law enforcement officer in order to prevent that officer’s access to the participant’s information through the VCIN system. Records are exempt from disclosure under the Virginia Freedom of Information ACT (Va. Code Ann. § 2.2-3700 et. seq.).

  35. Cancellation of Certification Participants are certified for participation in the program for one year following the date of certification unless the participant withdraws from or is cancelled by the ACP before that date. A participant may voluntarily withdraw from the ACP at any time.

  36. The ACP may cancel a participant’s certification in the following instances: 1. If the participant obtains a name change; 2. If the participant changes his/her address and does not notify the ACP within seven (7) days; 3. If mail forwarded to the participant is returned as non-deliverable;

  37. 4. If the participant knowingly uses false information during the application process; 5. If the one-year certification period has expired and the participant has not submitted a renewal form ; 6. If the participant is placed on parole or probation while in the ACP; or

  38. 7. If the participant is required to register as a sex offender (Va. Code Ann. § 9.1-900 et. seq.) while in the ACP

  39. For More Information For any questions regarding the ACP, contact Melissa Dickert Roberson, Coordinator, at (804)692-0952 or mdickert@oag.state.va.us.

  40. QUESTIONS?

  41. Become aware of the Address Confidentiality Program Learn three phases of implementation of ACP Learn who may become an ACP participant Know who is entitled to ACP participant’s address Learn how ACP addresses are used Learn how to obtain ACP participant’s physical address Be familiar with disclosure of record and how to dispose of ACP material. Know where to obtain additional information DID WE MEET OUR OBJECTIVES?

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