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).

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Terms Used In Utah Code 77-38-608

  • 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. See Utah Code 77-38-601
  • Assigned address: means an address designated by the commission and assigned to a program participant. See Utah Code 77-38-601
  • Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-38-601
  • Incapacitated individual: means an individual who is incapacitated, as defined in Section 75-1-201. See Utah Code 77-38-601
  • Mail: means first class letters or flats delivered by the United States Postal Service, including priority, express, and certified mail. See Utah Code 77-38-601
  • Minor: means an individual who is younger than 18 years old. See Utah Code 77-38-601
  • 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. See Utah Code 77-38-601
  • Person: means :Utah Code 68-3-12.5
  • Program: means the Safe at Home Program created in Section 77-38-602. See Utah Code 77-38-601
  • Program participant: means an individual who is enrolled under Section 77-38-606 by the commission to participate in the program. See Utah Code 77-38-601
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • 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. See Utah Code 77-38-601
(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.

(4)  Notwithstanding Subsections (2) and (3), a county clerk may require a program participant to disclose the program participant’s actual address:

(a)  for voter registration; and

(b)  to enroll a program participant in a program designed to protect the confidentiality of a voter’s address.

(5)  If a program participant is enrolled in a program designed to protect the confidentiality of a voter’s address, a county clerk:

(a)  shall classify the program participant’s actual address as concealed; and

(b)  may not disclose the program participant’s actual address.

Amended by Chapter 237, 2023 General Session

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