Utah Code 77-38-603. Eligibility

77-38-603. Eligibility.

(1)

An applicant is eligible to participate in the program if the applicant attests that the applicant:

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Terms Used In Utah Code 77-38-603

Abuse: means any of the following:

(a)	"abuse" as that term is defined in Section 76-5-111 or 80-1-102; or

(b)

"child abuse" as that term is defined in Section 76-5-109. See Utah Code 77-38-601

Assailant: means an individual who commits or threatens to commit abuse, human trafficking, domestic violence, stalking, or a sexual offense against an applicant for the program or a minor or incapacitated individual residing with an applicant for the program. 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

Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 77-38-601

Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

Guardian: includes a person who:Utah Code 68-3-12.5

Human trafficking: means a human trafficking offense under Section 76-5-308. 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

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Minor: means an individual who is younger than 18 years old. 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 assistant: means an individual designated by the commission under Section 77-38-604 to assist an applicant or program participant. See Utah Code 77-38-601

Stalking: means the same as that term is defined in Section 76-5-106. 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

Victim: means a victim of abuse, domestic violence, human trafficking, stalking, or sexual assault. See Utah Code 77-38-601

(a)

is a resident of this state;

(b)

(i)	is a victim;

(ii)

is a parent or a guardian of an individual who:

(A)	is a victim; and

(B)	resides at the same address as the parent or guardian;

(iii)

resides at the same address where a victim resides; or

(iv)	fears for the applicant’s physical safety, or for the physical safety of a minor or incapacitated individual residing at the same address as the applicant, from a threat of abuse, domestic violence, human trafficking, stalking, or sexual assault;

(c)

(i)	resided at a residential address that was known by an assailant and relocated within the past 90 days to a different residential address that is not known by the assailant;

(ii)	resides at a residential address known by the assailant and intends to relocate within 90 days to a different residential address in the state that is not known by the assailant; or

(iii)

resides at a residential address that is not known by the assailant;

(d)	will not disclose the different residential address to the assailant; and

(e)	will benefit from participation in the program.

(2)

An applicant may participate in the program regardless of whether:

(a)	a criminal charge is filed against an assailant;

(b)	the applicant has a restraining order or injunction against an assailant; or

(c)	the applicant reported an act or threat by an assailant to a law enforcement agency or officer.

(3)	An applicant may participate in the program only upon the recommendation of a program assistant.

(4)

To participate in the program:

(a)	an applicant shall sign, date, and verify the information on an application; and

(b)	the commission shall verify the applicant’s current residential address as provided on the application.

(5)	A parent or guardian may act on behalf of a minor or an incapacitated individual in determining whether the minor or the incapacitated individual is eligible for the program.

Enacted by Chapter 215, 2022 General Session

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