General Information Training

Why would someone need

address confidentiality?

Sometimes people move to a new location

because they have been threatened or victimized

and fear for their lives and the lives of their family.

Does this work?

Open Records

1966 Freedom of Information Act (FOIA)

State open record acts

Allow public access to government records and information.

The intent was positive; government transparency and accountability.

Unfortunately, open record laws were also used by stalkers to

obtain victim information.

Examples…

Release

of

Public

Records

1980

Release of Public

Records 2013

Voter Registration Records

Voting is a private activity, right?

Voting might be private…but voter

registration information is public.

Other information

can transform

into public

information

because it is

considered

“publically

available.”

Publically

available

information

comes from

connecting

your name

and your

address.

Grocery store and frequent

shopper cards

Magazine and

newspaper

subscriptions

Purchases and services

School directories or

alumni information

Professional and non-profit

organizations

Lists of “publicly available” information containing

your name and address are for sale. They can be

purchased by online search sites…

www.whitepages.com

www.zabasearch.com

www.peoplefinders.com

www.publicrecordsinfo.com

www.intelius.com

www.spokeo.com

or marketing and advertising firms…

The problem: balancing government

transparency and victim safety

How did address confidentiality

programs begin?

Address Confidentiality Programs The voter

registration

issue came to

the attention of

the State of

Washington,

Secretary of

State when a

domestic

violence survivor

asked…

“How can I vote without disclosing my location?”

In 1991, the State of Washington passed legislation which created the first confidential address program or “ACP.” This new program provided survivors with two core services:

1. A legal substitute address

2. A confidential mail forwarding service

1996

Dear

Abby…

What’s so special about Colorado?

Our Mission…

The Colorado Address Confidentiality

Program is intended to provide relocated

victims of domestic violence, sexual offenses

or stalking with a means to prevent abusers

and potential abusers from locating them

through public records.

This flow chart

shows the whole

ACP process from

start to finish.

Applicants:

…must be a survivor of actual or

threatened domestic violence, a

sexual offense, or

stalking/harassment…

who fears

for his or her safety.

Co-Applicants:

Co-applicants can be ANY PERSON

(adult or child) who resides with an

ACP participant, and their enrollment

will help ensure the survivor’s safety.

Applicants and co-applicants are

all considered participants.

And…

Survivors contact an

“Application Center”

An “Application Center” is any agency or where an

“Application Assistant” can be found.

• A shelter for domestic violence survivors

•victim’s assistance unit at a law enforcement agency

www.acp.colorado.gov

To enroll, a survivor meets with

an “Application Assistant”

Application Assistant Training Information

• Application Assistants can be anyone who

provides “counseling, referral or other services”

and has completed the ACP training and

registration process.

• In-person and on-line trainings are offered by the

ACP at no cost.

• The designation is valid for two years and may be

renewed.

Determining eligibility

Three Eligibility Requirements:

1. Victim of domestic violence, sexual offense

or stalking/harassment, who fears for his or

her safety.

2. The victim must provide evidence of

victimization.

3. The victim has relocated within the last 90

days or is planning to relocate.

Referral

Positive Indicators

• Just moved or planning to move

• No one knows the new address

• No records have been made with

new address

• Utilities are not on yet, or not in

the participant’s name

• No mail is being delivered to new

address and no subscriptions

have been ordered

• No court orders requiring

participant to disclose their

address to the abuser

Negative Indicators

• Submitted USPS change of address

postcard

• Registered to vote using current

address

• Police were called to the current

residence

• Has phone service with a land line

• Magazines and other subscriptions

ordered and sent under correct name

and current address

• Has lived in current residence over 90

days with no plans to move

• Just want the person out of your office-

no real evidence

Education

The Application Assistant explains

to the potential participant:

1. What the ACP is and how it works.

2. Some of the rights and responsibilities of ACP

participants.

3. How to protect their confidential address and

avoid common disclosure mistakes.

The Application Assistant

helps the client fill out

the application

Enrollment forms

The Application Assistant mails

the enrollment forms

to the ACP

• The ACP processes the new

application within 24-48 hours

• The participant is certified into the

program for four years

• The ACP mails a welcome packet

which includes an ACP authorization

card and county residency

ACP Authorization Card

• Every participant is issued the same address

• Each household is issued a different apartment number

• Each individual is issued an individual authorization number

• Government agencies are allowed to make a copy of the card

Establishes county residency for services such as:

• DHS assistance

• Library cards

• Parks and recreation centers

Government agencies are not authorized to copy

the county residency letters because a participant’s

county is part of their protected confidential address.

ACP County Residency Letter

The County

Residency

Letter:

Participants use the substitute

address just as if they have

really moved.

Three important facts about

the substitute address:

1. It’s a legal address

2. Private businesses can and should

accept it.

3. By law, state and local government

agencies must accept it when creating

new records or changing records created

up to 90 days prior to enrollment.

The Substitute Address

• Driver’s license §24-30-2108 (11), C.R.S.

• Vehicle titles and registrations §24-30-2107, C.R.S.

• School enrollment §24-30-2108 (9), C.R.S.

• Bank accounts (Dept. of Treasury /FinCen – 2009)

• DHS applications §24-30-2108, C.R.S.

• Court records and police reports §24-30-2108,

C.R.S.

• Utilities…

Important Information:

• ACP participant addresses and phone numbers are

confidential and protected.

• There are criminal penalties for the intentional release of

their confidential information Sec. 24-30-2109(c)(6), C.R.S.

• ACP participant information is not subject to open records

laws. Sec.24-30-2108(10), C.R.S.

Upon enrollment, the ACP becomes the participant’s LEGAL AGENT for receipt of mail and service of process

–ACP acts in place of participant

–Receive and discard mail

–Accept subpoenas

–Participant is still responsible

Right to five more days to act

§24-30-2104 (3)(c), C.R.S.

The substitute address is the real

address for a state mail processing

facility.

The ACP mail is received at the mail

processing center and separated

from the other agency mail.

A mail carrier from the substitute

address hand delivers the ACP mail

to the program.

Mail Forwarding

The ACP sorts the mail by apartment

number, repackages the mail, and sends

it to the participant’s confidential address.

• The ACP can only forward first

class mail.

• The ACP can not forward magazines,

junk mail or packages.

• Mail will be delayed by a couple

of days.

FINAL

STEP

ACP Participant

receives their

mail at their

confidential

address

Question:

How do I know if someone is really an ACP participant?

Answer:

Every ACP participant (including children) should have an

ACP authorization card and county residency letter. You

can also call the ACP to confirm whether someone is a

current, active participant. It is the participant’s

responsibility to present their authorization card and

request use of the substitute address. Sec. 24-30-2108(1),

C.R.S.

Question:

Can someone enroll in the ACP to hide from law

enforcement or financial responsibilities?

Answer:

No. Under certain circumstances, a participant’s actual

confidential address can be disclosed by the ACP (Sec.

24-30-2110, C.R.S.). An official or agency receiving this

information must protect the participant’s information from

the public and internal personnel who are not involved.

Question:

How do I serve an ACP participant with legal notice?

Answer:

Enrolling in the ACP means that the ACP becomes the participant’s legal agent for receipt of mail and service of process. As a participant’s legal agent, the ACP can accept subpoenas and other legal mail, but the participant is still the responsible party. Sec. 24-30-2104(4), C.R.S.

Question:

How long is the mail delay? Our clients must respond to

notices within a certain time frame.

Answer:

The mail is usually delayed by a day or two. The ACP does not forward mail on weekends or state holidays. However, whenever state laws provide a participant with a legal right to act within a period of ten days or less, and they receive notice by mail, then they are entitled to five additional days to respond. Sec. 24-30-2104(4)(c), C.R.S

Questions?

Contact the Colorado ACP

1001 E. 62nd Avenue

Denver, CO 80216

Phone: 303-866-2208

Toll-free 1-888-341-0002

TTY 1-800-659-2656

acp@state.co.us www.acp.colorado.gov

Thank you for your time