| (1) |
A state or local government entity requesting disclosure of a program participant’s actual address in accordance with this section shall make the request:
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Terms Used In Utah Code 77-38-612- 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
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-38-601
- 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
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- 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- Writing: includes :Utah Code 68-3-12.5
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| (a) |
in writing; |
| (b) |
on the state or local government entity’s letterhead; and |
| (c) |
with the signature of the head or an executive-level official of the state or local government entity. |
| (2) |
In accordance with Subsection (1), a state or local government entity requesting disclosure of a program participant‘s actual address shall provide the commission with the name of the program participant and a statement:
| (a) |
explaining why the state or local government entity is requesting the program participant’s actual address; |
| (b) |
explaining why the state or local government entity cannot meet the state or local government entity’s statutory or administrative obligations without the disclosure of the program participant’s actual address; |
| (c) |
of facts showing that:
| (i) |
other methods to locate the program participant’s actual address have failed; |
| (ii) |
other methods will be unlikely to succeed; or |
| (iii) |
other means of contacting the program participant have failed or are unavailable; and |
|
| (d) |
that the state or local government entity has adopted a procedure to protect the confidentiality of the program participant’s actual address. |
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| (3) |
In response to a request for disclosure under Subsection (2), the commission may request additional information from the state or local government entity to help identify the program participant in the records of the office or to assess whether disclosure to the state or local government entity is permitted under this part. |
| (4) |
| (a) |
Except as provided in Subsection (4)(b), after receiving a request for disclosure from a state or local government entity under Subsection (1), the commission shall provide a program participant with written notification:
| (i) |
informing the participant of the request, and to the extent possible, of an opportunity to be heard regarding the request; and |
| (ii) |
after a decision is made by the commission, whether the request has been granted or denied. |
|
| (b) |
The commission is not required to provide notice of a request for disclosure to a program participant under Subsection (4)(a) when:
| (i) |
the request is made by a state or local law enforcement agency conducting a criminal investigation involving alleged criminal conduct by the program participant; or |
| (ii) |
providing notice to the program participant would jeopardize an ongoing criminal investigation or the safety of law enforcement personnel. |
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| (5) |
The commission shall grant a state or local government entity’s request for disclosure and disclose the program participant’s actual address if:
| (a) |
the state or local government entity has demonstrated a good faith statutory or administrative need for the actual address; |
| (b) |
the actual address will be used only for the purpose stated in the request; |
| (c) |
other methods to locate the program participant or the program participant’s actual address have failed or are unlikely to succeed; |
| (d) |
other means of contacting the program participant have failed or are unavailable; and |
| (e) |
the state or local government entity has adopted a procedure to protect the confidentiality of the program participant’s actual address. |
|
| (6) |
If the commission grants a request for disclosure under this section, the commission shall provide the state or local government entity with a disclosure that contains:
| (a) |
the program participant’s actual address; |
| (b) |
a statement of the permitted use of the program participant’s actual address; |
| (c) |
the names or classes of persons permitted to have access to or use of the program participant’s actual address; |
| (d) |
a statement that the state or local government entity is required to limit access to and use of the program participant’s actual address to the permitted use and to the listed persons or classes of persons; and |
| (e) |
if expiration of the disclosure is appropriate, the date on which the permitted use of the program participant’s actual address expires. |
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| (7) |
If a request for disclosure is granted by the commission, a state or local government entity shall:
| (a) |
limit use of the program participant’s actual address to the purpose stated in the disclosure; |
| (b) |
limit access to the program participant’s actual address to the persons or classes of persons stated in the disclosure; |
| (c) |
cease use of the program participant’s actual address upon the expiration of the permitted use; |
| (d) |
dispose of the program participant’s actual address upon the expiration of the permitted use; and |
| (e) |
except as permitted in the request for disclosure, maintain the confidentiality of the program participant’s actual address. |
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| (8) |
Upon denial of a state or local government entity’s request for disclosure, the commission shall promptly provide a written notification to the state or local government entity explaining the specific reasons for denying the request for disclosure. |
| (9) |
| (a) |
A state or local government entity may file a written appeal with the commission no later than 15 days after the day on which the state or local government entity receives the written notification under Subsection (8). |
| (b) |
A state or local government entity filing a written appeal under Subsection (9)(a) shall:
| (i) |
restate the information contained in the request for disclosure; and |
| (ii) |
respond to the commission’s reason for denying the request for disclosure. |
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| (c) |
The commission shall make a final determination on the appeal within 30 days after the day on which the appeal is received by the commission, unless the state or local government entity and the commission agree to a different deadline. |
| (d) |
Before the commission makes a final determination, the commission may conduct a hearing or request additional information from the state or local government entity or the program participant. |
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Amended by Chapter 237, 2023 General Session
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