CASE
MANAGEMENT
CS 078P Safe at Home Program
06/30/23 Revised 03/31/25 Training Completed 04/14/25 Last
Reviewed 05/05/25
Utah
Code 63G-2-201; 77-38-601 et seq.
Introduction
Pursuant to Utah Code 77-38-601 et seq., a victim of abuse, domestic violence, human trafficking, stalking, or sexual assault may enroll in the Safe at Home Program (hereafter referred to as “the program”) administered through the Utah Commission on Criminal and Juvenile Justice (hereafter referred to as “the commission”). With enrollment in this program, a victim is given an “assigned address” by the commission. Mail for the victim will be sent to the assigned address and the commission will forward the mail to the victim’s actual address. If a victim who is enrolled in the program is a participant on an Office of Recovery Services (ORS) case and requests that ORS use the assigned address by providing ORS with a Safe at Home authorization card or notification form, ORS must send all correspondence to the assigned address. Enrollment in the program lasts 4 years and is renewable. ORS must not disclose the participant’s actual address to any third party.
Statutory Authority
Utah Code
77-38-601 Definitions.
“As used in this part:. . .
(2) "Actual address" means the residential street
address of the program participant that is stated in a program participant's
application for enrollment or on a notice of a change of address under Section
77-38-610. . .
(4) "Assigned address" means an address designated by
the commission and assigned to a program participant.
(5) "Authorization card" means a card issued by the
commission that identifies a program participant as enrolled in the program
with the program participant's assigned address and the date on which the
program participant will no longer be enrolled in the program.
(6) "Commission" means the State
Commission on Criminal and Juvenile Justice created in Section 63M-7-201. .
.
(10) (a) “Mail” means first class letters or flats delivered by
the United States Postal Service, including priority, express, and certified
mail. . .
(12) "Notification form" means a form issued by the
commission that a program participant may send to a person demonstrating that
the program participant is enrolled in the program.
(13) "Program" means the Safe at Home Program created in
Section 77-38-602. . .
(15) "Program participant" means an individual who is
enrolled under Section 77-38-606 by the commission to participate in the
program. . .
(19) "State or local government entity" means a county,
municipality, higher education institution, special district, special service
district, or any other political subdivision of the state or an administrative
subunit of the executive, legislative, or judicial branch of this state,
including:
(a) a law enforcement entity or any other investigative entity,
agency, department, division, bureau, board, or commission; or
(b) an individual acting or purporting to act for or on behalf of
a state or local entity, including an elected or appointed public official.
(20) "Victim" means a victim of abuse, domestic
violence, human trafficking, stalking, or sexual assault.”
Utah Code
77-38-608 Use of assigned address -- Confidentiality.
“(1) A program participant may use the assigned address provided
to the program participant to receive mail as provided in Subsection
77-38-602(2).
(2)(a) A state or local government entity may not refuse to use a
program participant's assigned address for any official business, unless:
(i) the state or local government entity
is statutorily required to use the program participant's actual address; or
(ii) the state or local government entity is permitted or required
to use the program participant's actual address under this part.
(b) A state or local government entity may confirm an individual's
status as a program participant with the commission.
(3) A state or local government entity, after receiving a copy of
the notification form from a program participant or a notification of the
program participant's enrollment from the commission, may not:
(a) except as provided in Subsection (2)(a), refuse to use the
assigned address for the program participant, or a minor or an incapacitated
individual residing with the program participant;
(b) except as provided in Subsection (4), require a program
participant to disclose the program participant's actual address; or
(c) except as provided in Section 77-38-611, intentionally
disclose to another person or state or local government entity the program
participant's actual address.”
Utah Code
77-38-609 Disclosure of Actual Address Prohibited
“(4) Unless the disclosure is permitted under this part or is
otherwise permitted by law, an employee of the commission or a state or local
government entity may not knowingly or intentionally disclose a program
participant's actual address if:
(a) the employee obtains a program participant's actual address
during the course of the
employee's official duties; and
(b) at the time of disclosure, the employee has specific knowledge
that the address is the actual
address of the program participant.
(5) A person who intentionally or knowingly obtains or discloses
information in violation of this part is guilty of a class B misdemeanor.”
Utah Code
77-38-611 Address use by state or local government entities.
“(1) Except as otherwise provided in Subsection (7), a program
participant is responsible for requesting that a state or local government
entity use the program participant's assigned address as the program
participant's residential address.
(2) Except as otherwise provided in this part, if a program
participant submits a valid
authorization card, or a notification form, to a state or local
government entity, the state or local government entity shall accept the
assigned address listed on the authorization card or notification form as the
program participant's address to be used as the program participant's
residential address when creating a record.
(3) The program participant's assigned address shall be listed as
the last known address if any last known address requirement is needed by the
state or local government entity.
(4) The state or local government entity may photocopy a program
participant's authorization card for a record for the state or local government
entity, but the state or local government entity shall immediately return the
authorization card to the program participant. . .
(11)(a) Notwithstanding Title 63G, Chapter 2, Government Records
Access and Management Act, a record containing a program participant's address
is confidential and, regardless of the record's classification under Title 63G,
Chapter 2, Part 3, Classification, may not be disclosed by a state or local
government entity, unless otherwise provided under this part.
(b) A program participant's actual address may not be disclosed to
a third party by a state or local government entity, except:
(i) in a record created more than 90
days before the date on which the program participant applied for enrollment in
the program; or
(ii) if a program participant voluntarily requests, in writing,
that the program participant's actual address be disclosed to the third party.
(c) For a record created within 90 days before the date that a
program participant applied for enrollment in the program, a state or local
government entity shall redact the actual address from the record or change the
actual address to the assigned address in the public record if the program
participant presents a valid authorization card or a notification form and
requests that the state or local government entity use the assigned address
instead of the actual address on the record.”
Utah
Code 77-38-614 Service of process at
the assigned address:
“(1) In accordance with the Utah Rules of Civil
Procedure, Rule 4, the commission is the agent
authorized to receive process for a program
participant.
(2) In accordance with the Utah Rules of Civil
Procedure, Rule 5, the last known address for a program participant is the
program participant's assigned address, not the program participant's actual
address.”
Forms
1. Safe at Home Program, Address Confidentiality Program Letter – This letter is sent to a Safe at Home Program participant 30 days prior to the program enrollment end date informing the participant that in order for ORS to continue to use the assigned address, the participant must renew enrollment with the commission and provide ORS with a new authorization card or notification form.
Procedures for Adding an Active Assigned
Address in ORSIS
If an ORS case participant provides either a valid program authorization card or a valid program notification form issued by the commission, follow these steps:
1. If the authorization card or program notification form was mailed to ORS, the Central Imaging Unit (CIU) will scan the form which will then be validated to the agent’s Content Manager mailbox. The assigned caseworker will update ORSIS as needed, then reattribute the card or form to the appropriate folder in Content Manager using the Assigned Address – Safe at Home form name.
2. If a client brings the authorization card or program notification form to the office, make a copy of the card or form and return the originals to the client. Send the copy of the imaged authorization card or notification form with an ORS Imaging Header Sheet to the CIU to be imaged and placed in the appropriate folder in Content Manager using the Assigned Address – Safe at Home form name.
3. If there is an active address in ORSIS (i.e., a current (actual) address), update the address type to historical address.
NOTE: If a participant is active in the program, the current addresses in ORSIS will all display the assigned address.
Enrollment in the Program is Withdrawn or Canceled
· the participant submits a written request to withdraw from the program;
· the participant fails to notify the commission of a change in the participant’s name, actual address or telephone number;
· the participant knowingly submits false information in the application; or,
· if mail forwarded to the participant’s actual address is returned undeliverable.
1. Withdrawal from the program. A program participant may withdraw from the program by filing a notarized request for withdrawal with the commission. The participant is responsible to provide ORS with a copy of the commission’s cancellation notice or a notarized document that indicates the assigned address is no longer valid. Any document other than a cancelation notice from the commission must be notarized in order to confirm that the notification is coming from the program participant.
2. Cancellation of enrollment in the program, other than from withdrawal. The commission will cancel the participant’s enrollment in the program if the participant fails to notify the commission of a change in the participant’s name, actual address or telephone number, if the participant knowingly submits false information in the application, or if mail forwarded to the participant’s actual address is returned undeliverable. It is the participant’s responsibility to notify ORS by providing to ORS the commission’s cancellation notice or a notarized document that indicates the assigned address is no longer valid. Any document other than a cancelation notice from the commission must be notarized in order to confirm that the notification is coming from the program participant.
NOTE: If a program participant provides ORS with valid documentation of either a withdrawal or a cancelation and the assigned address is updated to historical, attempt to obtain a new (actual) mailing address from the former program participant.
Expiration of Enrollment in the Program
Enrollment in the Safe at Home Program lasts for four years (if not withdrawn or cancelled). 30 days prior to the program enrollment end date, ORSIS will automatically trigger and send the Safe at Home, Address Confidentiality Program Letter to the participant informing the participant that in order for ORS to continue using the assigned address, the participant must renew enrollment in the program with the commission and provide ORS with a new authorization card or notification form prior to the enrollment end date.
Process Service
If a participant is enrolled in the Safe at Home Program, the assigned address will be used for process service when appropriate, for example, when serving a Notice of Agency Action (NAA). Pursuant to Utah Code 77-38-614, the commission is the authorized agent to accept service of process for a program participant.
“(1) In accordance with the Utah Rules of Civil
Procedure, Rule 4, the commission is the agent
authorized to receive process for a program participant.
(2) In accordance with the Utah Rules of Civil Procedure, Rule 5,
the last known address for a program participant is the program participant's assigned
address, not the program participant's actual address.”
GRAMA and Records Requests
A program participant’s actual address becomes restricted information pursuant to Utah Code 63G-2-201:
“(3) The following records are not public:. . .
(b) a record
to which access is restricted pursuant to court rule, another state statute, federal statute, or federal regulation,
including records for which access is governed or restricted as a condition of
participation in a state or federal program or for receiving state or federal
funds.” (Emphasis added.)
Additionally,
Utah Code 77-38-611 states:
“(11)(a)
Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act,
a record containing a program participant's address is confidential and,
regardless of the record's classification under Title 63G, Chapter 2, Part 3,
Classification, may not be disclosed by a state or local government entity,
unless otherwise provided under this part.”