Use actual address when - Community Solutions to Sexual and

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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
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
INTRODUCTION
Address Confidentiality Program
(ACP) helps victims who have
relocated to a new location
unknown to their abuser keeping
victims new address 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
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Created ACP pilot program July 1, 2007
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First pilot program Arlington County
July 1, 2008, program expanded to 17
additional counties and cities
17 Additional Localities
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Albemarle County
Augusta County
Dickenson County
Fairfax County
Henry County
Lee County
Rockbridge County
Russell County
Scott County
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Washington County
Wise County
City of Buena Vista
City of Charlottesville
City of Lexington
City of Martinsville
City of Norfolk
City of Roanoke
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July 1, 2011, program expanded statewide
ACP administered by Office of the
Attorney General
Three important components of ACP
1. 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 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 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.
 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.
 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.
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
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.
Once Attorney General’s Office receives
civil papers, participant is notified and
papers are immediately forwarded to
participant.
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.
1.
2.
The request
must be put in
an “AM”
message to
CMD1 and
include the
following:
3.
4.
5.
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.
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.
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.
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 lawenforcement officers accessing the VCIN
system for law enforcement purposes only
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.
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.
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.
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.).
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 Information
For any questions regarding the ACP,
contact Melissa Dickert Roberson,
Coordinator, at (804)692-0952 or
mdickert@oag.state.va.us.
QUESTIONS?
DID WE MEET OUR 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
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
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