§ 2.2-515.2. (Contingent scope of application - See Editor's notes) Addressconfidentiality program established; victims of domestic violence;application; disclosure of records.
A. As used in this section:
"Address" means a residential street address, school address, or workaddress of a person as specified on the person's application to be a programparticipant.
"Applicant" means a person who is a victim of domestic violence or is aparent or guardian of a minor child or incapacitated person who is the victimof domestic violence.
"Domestic violence" means an act as defined in § 38.2-508 and includesthreat of such acts committed against an individual in a domestic situation,regardless of whether these acts or threats have been reported tolaw-enforcement officers. Such threat must be a threat of force which wouldplace any person in reasonable apprehension of death or bodily injury.
"Domestic violence programs" means public and not-for-profit agencies theprimary mission of which is to provide services to victims of sexual ordomestic violence.
"Program participant" means a person certified by the Office of theAttorney General as eligible to participate in the Address ConfidentialityProgram.
B. The Statewide Facilitator for Victims of Domestic Violence shall establisha program to be known as the "Address Confidentiality Program" to protectvictims of domestic violence by authorizing the use of designated addressesfor such victims. An individual who is at least 18 years of age, a parent orguardian acting on behalf of a minor, a guardian acting on behalf of anincapacitated person, or an emancipated minor may apply in person, atdomestic violence programs that provide services where the role of theservices provider is (i) to assist the eligible person in determining whetherthe address confidentiality program should be part of such person's overallsafety plan; (ii) to explain the address confidentiality program services andlimitations; (iii) to explain the program participant's responsibilities; and(iv) to assist the person eligible for participation with the completion ofapplication materials. The Office of the Attorney General shall approve anapplication if it is filed in the manner and on the form prescribed by theAttorney General and if the application contains the following:
1. A sworn statement by the applicant declaring to be true and correct underpenalty of perjury that the applicant has good reason to believe that:
a. The applicant, or the minor or incapacitated individual on whose behalfthe application is made, is a victim of domestic violence;
b. The applicant fears further violent acts from the applicant's assailant;and
c. The applicant is not on active parole or probation supervisionrequirements under federal, state, or local law.
2. A designation of the Office of the Attorney General as agent for thepurpose of receiving mail on behalf of the applicant;
3. The applicant's actual address to which mail can be forwarded and atelephone number where the applicant can be called;
4. A listing of any minor children residing at the applicant's actualaddress, each minor child's date of birth, and each minor child'srelationship to the applicant; and
5. The signature of the applicant and any person who assisted in thepreparation of the application and the date.
C. Upon approval of a completed application, the Office of the AttorneyGeneral shall certify the applicant as a program participant. An applicantshall be certified for one year following the date of the institution of theprogram, unless the certification is withdrawn or invalidated before thatdate. A program participant may apply to be recertified every year.
D. Upon receipt of first-class mail addressed to a program participant, theAttorney General or his designee shall forward the mail to the actual addressof the program participant. The actual address of a program participant shallbe available only to the Attorney General and to those employees involved inthe operation of the Address Confidentiality Program and to law-enforcementofficers. A program participant's actual address may be entered into theVirginia Criminal Information Network (VCIN) system so that it may be madeknown to law-enforcement officers accessing the VCIN system forlaw-enforcement purposes.
E. The Office of the Attorney General may cancel a program participant'scertification if:
1. The program participant requests withdrawal from the program;
2. The program participant obtains a name change through an order of thecourt;
3. The program participant changes his residence address and does not provideseven days' notice to the Office of the Attorney General prior to the changeof address;
4. The mail forwarded by the Office of the Attorney General to the addressprovided by the program participant is returned as undeliverable;
5. Any information contained in the application is false;
6. The program participant has been placed on parole or probation while aparticipant in the address confidentiality program; and
7. The applicant is required to register as a sex offender pursuant toChapter 9 (§ 9.1-900 et seq.) of Title 9.1.
For purposes of the address confidentiality program, residents of temporaryhousing for 30 days or less are not eligible to enroll in the addressconfidentiality program until a permanent residential address is obtained.
The application form shall contain a statement notifying each applicant ofthe provisions of this subsection.
F. A program participant may request that any state or local agency use theaddress designated by the Office of the Attorney General as the programparticipant's address, except when the program participant is purchasing afirearm from a dealer in firearms. The agency shall accept the addressdesignated by the Office of the Attorney General as a program participant'saddress, unless the agency has received a written exemption from the Officeof the Attorney General demonstrating to the satisfaction of the AttorneyGeneral that:
1. The agency has a bona fide statutory basis for requiring the programparticipant to disclose to it the actual location of the program participant;
2. The disclosed confidential address of the program participant will be usedonly for that statutory purpose and will not be disclosed or made availablein any way to any other person or agency; and
3. A state agency may request an exemption by providing in writing to theOffice of the Attorney General identification of the statute oradministrative rule that demonstrates the agency's bona fide requirement andauthority for the use of the actual address of an individual. A request for awaiver from an agency may be for an individual program participant, a classof program participants, or all program participants. The denial of anagency's exemption request shall be in writing and include a statement of thespecific reasons for the denial. Acceptance or denial of an agency'sexemption request shall constitute final agency action.
Any state or local agency that discloses the program participant'sconfidential address provided by the Office of the Attorney General shall beimmune from civil liability unless the agency acted with gross negligence orwillful misconduct.
A program participant's actual address shall be disclosed pursuant to a courtorder.
G. Records submitted to or provided by the Office of the Attorney General inaccordance with this section shall be exempt from disclosure under theVirginia Freedom of Information Act (§ 2.2-3700 et seq.) to the extent suchrecords contain information identifying a past or current programparticipant, including such person's name, actual and designated address,telephone number, and any email address. However, access shall not be deniedto the person who is the subject thereof, or the parent or legal guardian ofa program participant in cases where the program participant is a minor childor an incapacitated person, except when the parent or legal guardian is namedas the program participant's assailant.
H. Neither the Office of the Attorney General, its officers or employees, orothers who have a responsibility to a program participant under this sectionshall have any liability nor shall any cause of action arise against them intheir official or personal capacity from the failure of a program participantto receive any first class mail forwarded to him by the Office of theAttorney General pursuant to this section. Nor shall any such liability orcause of action arise from the failure of a program participant to timelyreceive any first class mail forwarded by the Office of the Attorney Generalpursuant to this section.
§ 2.2-515.2. (Contingent scope of application - See Editor's notes) Addressconfidentiality program established; victims of domestic violence;application; disclosure of records.
A. As used in this section:
"Address" means a residential street address, school address, or workaddress of a person as specified on the person's application to be a programparticipant.
"Applicant" means a person who is a victim of domestic violence or is aparent or guardian of a minor child or incapacitated person who is the victimof domestic violence.
"Domestic violence" means an act as defined in § 38.2-508 and includesthreat of such acts committed against an individual in a domestic situation,regardless of whether these acts or threats have been reported tolaw-enforcement officers. Such threat must be a threat of force which wouldplace any person in reasonable apprehension of death or bodily injury.
"Domestic violence programs" means public and not-for-profit agencies theprimary mission of which is to provide services to victims of sexual ordomestic violence.
"Program participant" means a person certified by the Office of theAttorney General as eligible to participate in the Address ConfidentialityProgram.
B. The Statewide Facilitator for Victims of Domestic Violence shall establisha program to be known as the "Address Confidentiality Program" to protectvictims of domestic violence by authorizing the use of designated addressesfor such victims. An individual who is at least 18 years of age, a parent orguardian acting on behalf of a minor, a guardian acting on behalf of anincapacitated person, or an emancipated minor may apply in person, atdomestic violence programs that provide services where the role of theservices provider is (i) to assist the eligible person in determining whetherthe address confidentiality program should be part of such person's overallsafety plan; (ii) to explain the address confidentiality program services andlimitations; (iii) to explain the program participant's responsibilities; and(iv) to assist the person eligible for participation with the completion ofapplication materials. The Office of the Attorney General shall approve anapplication if it is filed in the manner and on the form prescribed by theAttorney General and if the application contains the following:
1. A sworn statement by the applicant declaring to be true and correct underpenalty of perjury that the applicant has good reason to believe that:
a. The applicant, or the minor or incapacitated individual on whose behalfthe application is made, is a victim of domestic violence;
b. The applicant fears further violent acts from the applicant's assailant;and
c. The applicant is not on active parole or probation supervisionrequirements under federal, state, or local law.
2. A designation of the Office of the Attorney General as agent for thepurpose of receiving mail on behalf of the applicant;
3. The applicant's actual address to which mail can be forwarded and atelephone number where the applicant can be called;
4. A listing of any minor children residing at the applicant's actualaddress, each minor child's date of birth, and each minor child'srelationship to the applicant; and
5. The signature of the applicant and any person who assisted in thepreparation of the application and the date.
C. Upon approval of a completed application, the Office of the AttorneyGeneral shall certify the applicant as a program participant. An applicantshall be certified for one year following the date of the institution of theprogram, unless the certification is withdrawn or invalidated before thatdate. A program participant may apply to be recertified every year.
D. Upon receipt of first-class mail addressed to a program participant, theAttorney General or his designee shall forward the mail to the actual addressof the program participant. The actual address of a program participant shallbe available only to the Attorney General and to those employees involved inthe operation of the Address Confidentiality Program and to law-enforcementofficers. A program participant's actual address may be entered into theVirginia Criminal Information Network (VCIN) system so that it may be madeknown to law-enforcement officers accessing the VCIN system forlaw-enforcement purposes.
E. The Office of the Attorney General may cancel a program participant'scertification if:
1. The program participant requests withdrawal from the program;
2. The program participant obtains a name change through an order of thecourt;
3. The program participant changes his residence address and does not provideseven days' notice to the Office of the Attorney General prior to the changeof address;
4. The mail forwarded by the Office of the Attorney General to the addressprovided by the program participant is returned as undeliverable;
5. Any information contained in the application is false;
6. The program participant has been placed on parole or probation while aparticipant in the address confidentiality program; and
7. The applicant is required to register as a sex offender pursuant toChapter 9 (§ 9.1-900 et seq.) of Title 9.1.
For purposes of the address confidentiality program, residents of temporaryhousing for 30 days or less are not eligible to enroll in the addressconfidentiality program until a permanent residential address is obtained.
The application form shall contain a statement notifying each applicant ofthe provisions of this subsection.
F. A program participant may request that any state or local agency use theaddress designated by the Office of the Attorney General as the programparticipant's address, except when the program participant is purchasing afirearm from a dealer in firearms. The agency shall accept the addressdesignated by the Office of the Attorney General as a program participant'saddress, unless the agency has received a written exemption from the Officeof the Attorney General demonstrating to the satisfaction of the AttorneyGeneral that:
1. The agency has a bona fide statutory basis for requiring the programparticipant to disclose to it the actual location of the program participant;
2. The disclosed confidential address of the program participant will be usedonly for that statutory purpose and will not be disclosed or made availablein any way to any other person or agency; and
3. A state agency may request an exemption by providing in writing to theOffice of the Attorney General identification of the statute oradministrative rule that demonstrates the agency's bona fide requirement andauthority for the use of the actual address of an individual. A request for awaiver from an agency may be for an individual program participant, a classof program participants, or all program participants. The denial of anagency's exemption request shall be in writing and include a statement of thespecific reasons for the denial. Acceptance or denial of an agency'sexemption request shall constitute final agency action.
Any state or local agency that discloses the program participant'sconfidential address provided by the Office of the Attorney General shall beimmune from civil liability unless the agency acted with gross negligence orwillful misconduct.
A program participant's actual address shall be disclosed pursuant to a courtorder.
G. Records submitted to or provided by the Office of the Attorney General inaccordance with this section shall be exempt from disclosure under theVirginia Freedom of Information Act (§ 2.2-3700 et seq.) to the extent suchrecords contain information identifying a past or current programparticipant, including such person's name, actual and designated address,telephone number, and any email address. However, access shall not be deniedto the person who is the subject thereof, or the parent or legal guardian ofa program participant in cases where the program participant is a minor childor an incapacitated person, except when the parent or legal guardian is namedas the program participant's assailant.
H. Neither the Office of the Attorney General, its officers or employees, orothers who have a responsibility to a program participant under this sectionshall have any liability nor shall any cause of action arise against them intheir official or personal capacity from the failure of a program participantto receive any first class mail forwarded to him by the Office of theAttorney General pursuant to this section. Nor shall any such liability orcause of action arise from the failure of a program participant to timelyreceive any first class mail forwarded by the Office of the Attorney Generalpursuant to this section.
§ 2.2-515.2. (Contingent scope of application - See Editor's notes) Addressconfidentiality program established; victims of domestic violence;application; disclosure of records.
A. As used in this section:
"Address" means a residential street address, school address, or workaddress of a person as specified on the person's application to be a programparticipant.
"Applicant" means a person who is a victim of domestic violence or is aparent or guardian of a minor child or incapacitated person who is the victimof domestic violence.
"Domestic violence" means an act as defined in § 38.2-508 and includesthreat of such acts committed against an individual in a domestic situation,regardless of whether these acts or threats have been reported tolaw-enforcement officers. Such threat must be a threat of force which wouldplace any person in reasonable apprehension of death or bodily injury.
"Domestic violence programs" means public and not-for-profit agencies theprimary mission of which is to provide services to victims of sexual ordomestic violence.
"Program participant" means a person certified by the Office of theAttorney General as eligible to participate in the Address ConfidentialityProgram.
B. The Statewide Facilitator for Victims of Domestic Violence shall establisha program to be known as the "Address Confidentiality Program" to protectvictims of domestic violence by authorizing the use of designated addressesfor such victims. An individual who is at least 18 years of age, a parent orguardian acting on behalf of a minor, a guardian acting on behalf of anincapacitated person, or an emancipated minor may apply in person, atdomestic violence programs that provide services where the role of theservices provider is (i) to assist the eligible person in determining whetherthe address confidentiality program should be part of such person's overallsafety plan; (ii) to explain the address confidentiality program services andlimitations; (iii) to explain the program participant's responsibilities; and(iv) to assist the person eligible for participation with the completion ofapplication materials. The Office of the Attorney General shall approve anapplication if it is filed in the manner and on the form prescribed by theAttorney General and if the application contains the following:
1. A sworn statement by the applicant declaring to be true and correct underpenalty of perjury that the applicant has good reason to believe that:
a. The applicant, or the minor or incapacitated individual on whose behalfthe application is made, is a victim of domestic violence;
b. The applicant fears further violent acts from the applicant's assailant;and
c. The applicant is not on active parole or probation supervisionrequirements under federal, state, or local law.
2. A designation of the Office of the Attorney General as agent for thepurpose of receiving mail on behalf of the applicant;
3. The applicant's actual address to which mail can be forwarded and atelephone number where the applicant can be called;
4. A listing of any minor children residing at the applicant's actualaddress, each minor child's date of birth, and each minor child'srelationship to the applicant; and
5. The signature of the applicant and any person who assisted in thepreparation of the application and the date.
C. Upon approval of a completed application, the Office of the AttorneyGeneral shall certify the applicant as a program participant. An applicantshall be certified for one year following the date of the institution of theprogram, unless the certification is withdrawn or invalidated before thatdate. A program participant may apply to be recertified every year.
D. Upon receipt of first-class mail addressed to a program participant, theAttorney General or his designee shall forward the mail to the actual addressof the program participant. The actual address of a program participant shallbe available only to the Attorney General and to those employees involved inthe operation of the Address Confidentiality Program and to law-enforcementofficers. A program participant's actual address may be entered into theVirginia Criminal Information Network (VCIN) system so that it may be madeknown to law-enforcement officers accessing the VCIN system forlaw-enforcement purposes.
E. The Office of the Attorney General may cancel a program participant'scertification if:
1. The program participant requests withdrawal from the program;
2. The program participant obtains a name change through an order of thecourt;
3. The program participant changes his residence address and does not provideseven days' notice to the Office of the Attorney General prior to the changeof address;
4. The mail forwarded by the Office of the Attorney General to the addressprovided by the program participant is returned as undeliverable;
5. Any information contained in the application is false;
6. The program participant has been placed on parole or probation while aparticipant in the address confidentiality program; and
7. The applicant is required to register as a sex offender pursuant toChapter 9 (§ 9.1-900 et seq.) of Title 9.1.
For purposes of the address confidentiality program, residents of temporaryhousing for 30 days or less are not eligible to enroll in the addressconfidentiality program until a permanent residential address is obtained.
The application form shall contain a statement notifying each applicant ofthe provisions of this subsection.
F. A program participant may request that any state or local agency use theaddress designated by the Office of the Attorney General as the programparticipant's address, except when the program participant is purchasing afirearm from a dealer in firearms. The agency shall accept the addressdesignated by the Office of the Attorney General as a program participant'saddress, unless the agency has received a written exemption from the Officeof the Attorney General demonstrating to the satisfaction of the AttorneyGeneral that:
1. The agency has a bona fide statutory basis for requiring the programparticipant to disclose to it the actual location of the program participant;
2. The disclosed confidential address of the program participant will be usedonly for that statutory purpose and will not be disclosed or made availablein any way to any other person or agency; and
3. A state agency may request an exemption by providing in writing to theOffice of the Attorney General identification of the statute oradministrative rule that demonstrates the agency's bona fide requirement andauthority for the use of the actual address of an individual. A request for awaiver from an agency may be for an individual program participant, a classof program participants, or all program participants. The denial of anagency's exemption request shall be in writing and include a statement of thespecific reasons for the denial. Acceptance or denial of an agency'sexemption request shall constitute final agency action.
Any state or local agency that discloses the program participant'sconfidential address provided by the Office of the Attorney General shall beimmune from civil liability unless the agency acted with gross negligence orwillful misconduct.
A program participant's actual address shall be disclosed pursuant to a courtorder.
G. Records submitted to or provided by the Office of the Attorney General inaccordance with this section shall be exempt from disclosure under theVirginia Freedom of Information Act (§ 2.2-3700 et seq.) to the extent suchrecords contain information identifying a past or current programparticipant, including such person's name, actual and designated address,telephone number, and any email address. However, access shall not be deniedto the person who is the subject thereof, or the parent or legal guardian ofa program participant in cases where the program participant is a minor childor an incapacitated person, except when the parent or legal guardian is namedas the program participant's assailant.
H. Neither the Office of the Attorney General, its officers or employees, orothers who have a responsibility to a program participant under this sectionshall have any liability nor shall any cause of action arise against them intheir official or personal capacity from the failure of a program participantto receive any first class mail forwarded to him by the Office of theAttorney General pursuant to this section. Nor shall any such liability orcause of action arise from the failure of a program participant to timelyreceive any first class mail forwarded by the Office of the Attorney Generalpursuant to this section.
