address confidentiality program presented by: first sergeant k. scott downs virginia state police...
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ADDRESS CONFIDENTIALITY PROGRAM
Presented by:
First Sergeant K. Scott Downs
Virginia State Police
VCIN Program Administrator
(804) 674-2630
OBJECTIVES
1. Become aware of the Address Confidentiality Program
2. Learn three phases of implementation of ACP
3. Learn who may become an ACP participant
4. Know who is entitled to ACP participant’s address
OBJECTIVES continued
5. Learn how ACP addresses are used
6. Learn how to obtain ACP participant’s physical address
7. Be familiar with disclosure of record and how to dispose of ACP material.
8. Know where to obtain additional information
INTRODUCTIONINTRODUCTION
Address Confidentiality Address Confidentiality Program (ACP) helps victims Program (ACP) helps victims who have relocated to a new who have relocated to a new location unknown to their location unknown to their abuser keeping victims new abuser keeping victims new address confidentialaddress confidential..
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.
Va. Code § 2.2-515.2 Va. Code § 2.2-515.2
Created ACP pilot program July 1, Created ACP pilot program July 1, 20072007
First pilot program Arlington CountyFirst pilot program Arlington County
July 1, 2008, program expanded to July 1, 2008, program expanded to 17 additional counties and cities17 additional counties and cities
17 Additional Localities17 Additional Localities
Albemarle CountyAlbemarle County Augusta CountyAugusta County Dickenson CountyDickenson County Fairfax CountyFairfax County Henry CountyHenry County Lee CountyLee County Rockbridge CountyRockbridge County Russell CountyRussell County Scott CountyScott County
Washington CountyWashington County Wise CountyWise County City of Buena VistaCity of Buena Vista City of City of
CharlottesvilleCharlottesville City of LexingtonCity of Lexington City of MartinsvilleCity of Martinsville City of NorfolkCity of Norfolk City of RoanokeCity of Roanoke
July 1, 2011, program expanded July 1, 2011, program expanded statewidestatewide
ACP administered by Office of the ACP administered by Office of the Attorney GeneralAttorney General
Three important components of ACP1. ACP provides participants with a legal
substitute address. No relation to actual address.
2. ACP provide participants with cost-free mail-forwarding service.
3. Through ACP, Office of Attorney General acts as an agent for acceptance of legal service on participants behalf.
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.
• Drivers License
• DMV issue ID cards
• Vehicle registrations
• School Records
Use actual address Use actual address when:when:• Purchasing firearms
• To law enforcement
1. During issuance of a traffic summons for traffic violation
2. During a criminal investigation
3. During an arrest situation
Private Companies
Such as:
Banks, Stores, Utility Companies, Insurance Companies, Etc.
Are not required to accept the substitute address
Eligibility For ACPEligibility For ACP
To help victims of domestic violence, both To help victims of domestic violence, both adults and children, who have adults and children, who have confidentially relocated to a location confidentially relocated to a location unknown by their abuser.unknown by their abuser.
Applicant is not on Probation or Parole.Applicant is not on Probation or Parole.
Applicant is not a sex offender & not Applicant is not a sex offender & not required to register under the Sex required to register under the Sex Offender & Crimes Against Minor Offender & Crimes Against Minor Registry Program (Chapter 9, of Title 9.1 Registry Program (Chapter 9, of Title 9.1 of the Code of Va.of the Code of Va.
Applicant must be a Virginia permanent Applicant must be a Virginia permanent resident. resident.
Applicants completed application packet Applicants completed application packet
for ACP through local domestic violence for ACP through local domestic violence programs.programs.
All applicants reviewed by the Office of All applicants reviewed by the Office of the Attorney General in Richmond, Va.the Attorney General in Richmond, Va.
ACP participants are certified by the ACP participants are certified by the Office of the Attorney General.Office of the Attorney General.
Certificate of Participation
Each certified participant is :
Assigned a substitute address; Assigned an authorization code
number; issued an ACP authorization card
Once participants receive their ACP authorization card, they can begin using the ACP substitute address
Sample of ACP Authorization Card
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.
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.
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.
Services of Legal Process Services of Legal Process CivilCivil
Through the ACP, the Attorney Through the ACP, the Attorney General acts as agent for service of General acts as agent for service of process for any civil legal papers process for any civil legal papers directed to an ACP participant. directed to an ACP participant.
Any civil legal documents received for Any civil legal documents received for service by a law enforcement agency service by a law enforcement agency should be served on the Attorney should be served on the Attorney General’s Office.General’s Office.
Once Attorney General’s Office Once Attorney General’s Office receives civil papers, participant is receives civil papers, participant is notified and papers are immediately notified and papers are immediately forwarded to participant.forwarded to participant.
Services of Legal Process Services of Legal Process CriminalCriminal
When law enforcement is required to When law enforcement is required to serve a participant with a criminal serve a participant with a criminal warrant or summons, the officer may warrant or summons, the officer may obtain the participant’s actual obtain the participant’s actual address for service purposes. address for service purposes.
Officer contacts the VCIN Control Officer contacts the VCIN Control Center at the Virginia State Police in Center at the Virginia State Police in order to obtain the address order to obtain the address information. information.
The request The request must be put in must be put in an “AM” an “AM” message to message to CMD1 and CMD1 and include the include the following: following:
1.1. Participant’s nameParticipant’s name
2.2. Participant’s unique Participant’s unique code numbercode number
3.3. Requesting officer’s Requesting officer’s rank, full name, and rank, full name, and badge or code numberbadge or code number
4.4. Requesting agencies Requesting agencies namename
5.5. Brief summary why the Brief summary why the officer needs the officer needs the requested information. requested information. Include Warrant Include Warrant Number if applicable.Number if applicable.
Information concerning ACP addresses should Information concerning ACP addresses should be handled in the same manner as Criminal be handled in the same manner as Criminal Histories. Be careful and mindful of how Histories. Be careful and mindful of how information is disseminated. Use care and information is disseminated. Use care and good judgment. good judgment.
Do not give confidential addresses out over Do not give confidential addresses out over radio if possible. radio if possible.
When information is no longer needed and When information is no longer needed and served its purposes, it should be shredded or served its purposes, it should be shredded or electronically obliterated.electronically obliterated.
Requests for participant information Requests for participant information must be made in writing.must be made in writing.
Questions can be made to the VCIN Questions can be made to the VCIN Control Center by calling 804-674-Control Center by calling 804-674-2028 or to the State Police 2028 or to the State Police Headquarters Duty Sergeant at 804-Headquarters Duty Sergeant at 804-674-2026. 674-2026.
Disclosure of RecordsDisclosure of Records
A participant’s actual address may A participant’s actual address may be entered into the Virginia Criminal be entered into the Virginia Criminal Information Network (VCIN) system Information Network (VCIN) system by the Virginia State Police Control by the Virginia State Police Control Center so that it may be made Center so that it may be made known to law-enforcement officers known to law-enforcement officers accessing the VCIN system for law accessing the VCIN system for law enforcement purposes only enforcement purposes only
The Virginia State Police will have the The Virginia State Police will have the participant’s address information; participant’s address information; however the address information will not however the address information will not be entered into VCIN until a request for be entered into VCIN until a request for the information has been made by law the information has been made by law enforcement through the VCIN system. enforcement through the VCIN system.
Otherwise, a law enforcement Otherwise, a law enforcement request for the participant’s address request for the participant’s address information must be in writing, on information must be in writing, on agency letterhead and signed by the agency letterhead and signed by the agency’s chief law enforcement agency’s chief law enforcement officer. The request must contain the officer. The request must contain the reasons and legitimate purpose for reasons and legitimate purpose for the request. the request.
For example, in the event of a traffic For example, in the event of a traffic stop, the ACP participant should advise stop, the ACP participant should advise the law enforcement officer of their the law enforcement officer of their participation in the program. The law participation in the program. The law enforcement officer would then send a enforcement officer would then send a VCIN message to the Virginia State Police VCIN message to the Virginia State Police Control Center (CMD1) requesting the Control Center (CMD1) requesting the participant’s address information. The participant’s address information. The VCIN Control Center will respond with the VCIN Control Center will respond with the participant’s actual address for purposes participant’s actual address for purposes of the traffic stop. of the traffic stop.
In the event that the participant’s abuser In the event that the participant’s abuser is a law enforcement officer, it is the is a law enforcement officer, it is the responsibility of the ACP participant to responsibility of the ACP participant to seek a protective order (where permitted seek a protective order (where permitted by the circumstances) against the law by the circumstances) against the law enforcement officer in order to prevent enforcement officer in order to prevent that officer’s access to the participant’s that officer’s access to the participant’s information through the VCIN system.information through the VCIN system.
Records are exempt from disclosure Records are exempt from disclosure under the Virginia Freedom of Information under the Virginia Freedom of Information ACT (Va. Code Ann. § 2.2-3700 et. seq.). ACT (Va. Code Ann. § 2.2-3700 et. seq.).
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.
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;
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
7. If the participant is required to register as a sex offender (Va. Code Ann. § 9.1-900 et. seq.) while in the ACP
For More InformationFor More Information
For any questions regarding the ACP, For any questions regarding the ACP, contact Melissa Dickert Roberson, contact Melissa Dickert Roberson, Coordinator, at (804)692-0952 or Coordinator, at (804)692-0952 or [email protected]..
QUESTIONS?QUESTIONS?
DID WE MEET OUR OBJECTIVES?DID WE MEET OUR OBJECTIVES?
1.1. Become aware of the Become aware of the Address Confidentiality Address Confidentiality ProgramProgram
2.2. Learn three phases of Learn three phases of implementation of ACPimplementation of ACP
3.3. Learn who may become Learn who may become an ACP participantan ACP participant
4.4. Know who is entitled to Know who is entitled to ACP participant’s ACP participant’s addressaddress
5.5. Learn how ACP Learn how ACP addresses are usedaddresses are used
6.6. Learn how to obtain ACP Learn how to obtain ACP participant’s physical participant’s physical addressaddress
7.7. Be familiar with disclosure Be familiar with disclosure of record and how to of record and how to dispose of ACP material.dispose of ACP material.
8.8. Know where to obtain Know where to obtain additional informationadditional information