Administrative Code Provisions | CMSR 03-000-001 | 2018
700. Program Description.
The Address Confidentiality Program provides services to residents of Mississippi who are victims of domestic violence, sexual assault, or stalking. It is the intent of the Legislature to assist people attempting to escape from actual or threatened domestic violence, sexual assault or stalking by establishing a confidential address to prevent their assailants or probable assailants from finding the victim's location. The purpose of this program is to establish an exemption to the Mississippi Public Records Act of 1983 to enable public bodies to respond to requests for public records without disclosing the victim's location, to enable interagency cooperation with the Office of the Attorney General in providing address confidentiality for victims, and to enable public bodies to accept a program participant's use of an address designated by the Office of the Attorney General as a substitute mailing address. The Address Confidentiality Program helps victims keep their location confidential by providing them with a substitute address and a mail forwarding service for use when interacting with state and local agencies.
701. Authority.
The Office of the Attorney General is authorized to establish and enforce these rules and procedures by virtue of Mississippi Code Annotated § 99-47-1(9). These rules facilitate the administration of the Address Confidentiality Program in accordance with Mississippi Code Annotated § 99-47-1; effective July 1, 2009, pursuant to Mississippi Code Annotated.
702. Definitions.
1. "ACP" means Address Confidentiality Program.
2. "Address Confidentiality Program" means the statutorily created program for implementing the provisions of Mississippi Code Annotated § 99-47-1, within the Office of the Attorney General.
3. "Certification" means the process by which an applicant is determined eligible to participate in the Address Confidentiality Program.
4. "Confidential address" means any residential street address, school address, or work address of an individual, as specified on the individual's application to be a program participant.
5. "Domestic violence" means any of the following acts committed against a current or former spouse, a current or former family or household member, a person with a child in common, or a person in a current or former dating relationship:
a. A violation of a domestic violence protective order;
b. Simple or aggravated domestic violence as defined in Mississippi Code Annotated § 97-3-7(3) or § 97-3-7(4); or
c. Threats of such acts.
6. "Program participant" means a person certified by the Office of the Attorney General as an ACP participant.
7. "Public body" (as defined by Mississippi Code Annotated § 25-61-3 and for purposes of this chapter) means any department, bureau, division, council, commission, committee, subcommittee, board, agency and any other entity of the state or a political subdivision thereof, and any municipal corporation and any other entity created by the Constitution or by law, executive order, ordinance or resolution. The term "entity" shall not be construed to include individuals employed by a public body or any appointed or elected public official.
8. "Sexual assault" means an act as defined in Mississippi Code Annotated § 45-33-23(g) as a sex offense.
9. "Stalking" means an act as defined in Mississippi Code Annotated § 97-3-107 or 15 § 97-45- 15.
10. "Substitute address" means an address designated and assigned by the Office of the Attorney General to a program participant as a substitute mailing address under the Address Confidentiality Program.
11. "Victim" means an individual against whom domestic violence, sexual assault, or stalking has been committed. For purposes of ACP eligibility, a victim who is a registered sex offender or a victim who is required to register as a sex offender pursuant to Mississippi Code Annotated § 45-33-25 is not eligible to participate in the Address Confidentiality Program.
703. Application, Certification Process and Receipt of Mail.
1. To apply for the Address Confidentiality Program, an applicant must:
a. Be a resident of the State of Mississippi;
b. Be a victim of domestic violence, sexual assault, or stalking; and
c. Complete the Address Confidentiality Program application form(s); and submit the completed application form(s) to the Office of the Attorney General, Victim Compensation Division.
NOTE: It is not a requirement that the domestic violence, sexual assault, or stalking occur in the State of Mississippi for ACP participation.
2. An adult, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, may apply to the Office of the Attorney General to have an address designated by the Office of the Attorney General serve as the substitute address for the person, the minor or the incapacitated person. Applications shall be filed on the application form(s) prescribed by the Office of the Attorney General. The application shall include the following under Mississippi Code Annotated § 99-47-1(2):
a. An attestation by the applicant that the applicant has good reason to believe that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault, or stalking, and that the applicant fears for his or her safety, or his or her children's safety, or the safety of the minor or incapacitated person on whose behalf the application is made.
b. The confidential address and a telephone number or numbers where the applicant can be contacted by the Office of the Attorney General.
c. The confidential address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence, stalking, or sexual assault.
d. A designation of the Office of the Attorney General as agent for service of process and receipt of mail.
e. A statement of any existing or pending court order or court action involving the applicant that is related to divorce proceedings, child support, child custody, or child visitation; the court that issued each order or has jurisdiction over an action shall be noted.
f. The signature of the applicant and a representative of a domestic violence shelter or rape crisis center as designated under Mississippi Code Annotated § 99-47-1 (6) and Administrative Rule § 704 who assisted in the preparation of the application, and the date on which the applicant signed the application.
g. Evidence from at least one of the following that the applicant is a victim of domestic violence, sexual assault, or stalking:
i. Law enforcement, court or other local, state or federal agency records or files;
ii. Documentation from a domestic violence shelter or rape crisis center;
iii. Other forms of evidence as determined by the Office of the Attorney General.
3. Upon approval of an ACP application by the Office of the Attorney General, the applicant is certified as a program participant. An individual who is certified as a program participant shall be issued an ACP authorization card (with an authorization code number) by the Office of the Attorney General. The term of a program participant's certification shall be four (4) years following the date of certification (unless the certification is withdrawn, cancelled, or invalidated before that date. See § 707).
4. For continued and uninterrupted ACP services, within forty-five (45) days from the date of expiration of the program participant's certification, said participant may complete and submit a new ACP application (renewal) to the Office of the Attorney General, Victim Compensation Division. Upon approval of the ACP application renewal by the Office of the Attorney General, the program participant will be recertified for program participation. At such time, the newly recertified program participant shall be issued a new ACP authorization card by the Office of the Attorney General. The term of the program participant's recertification shall be four (4) years following the date of certification unless the certification is withdrawn, cancelled, or invalidated before that date. See § 707.
5. The Office of the Attorney General shall forward all first-class, certified or registered mail to the program participant at the confidential address provided by the program participant. The Office of the Attorney General shall not be required to track or otherwise maintain records of any mail received on behalf of a program participant unless the mail is certified or registered.
704. Assistance for Program Applicants.
1. The Office of the Attorney General shall refer potential participants to domestic violence shelters or rape crisis centers that provide shelter and counseling services to either victims of domestic violence, sexual assault, or stalking to assist persons applying to be ACP participants. Mississippi Code Annotated § 99-47-1(6).
2. All application assistants must:
a. Be a current domestic violence shelter/rape crisis center director or current domestic violence shelter/rape crisis center employee designated by the domestic violence shelter/rape crisis center director to serve as an application assistant;
b. Attend required training sessions provided by the Office of the Attorney General; and
c. Agree to adhere to the policies, procedures, and directions provided by the Office of the Attorney General for rendering assistance to program applicants.
3. The Office of the Attorney General reserves the right to bar any individual acting as an application assistant from submitting ACP documentation on behalf of a potential participant should said individual fail to abide by the requirement set forth in this section or for failing to act in accordance with the requirements of the Address Confidentiality Program.
4. An application assistant is not deemed to be an employee of the Office of the Attorney General or an agent of the Office of the Attorney General in any manner. The application assistant will not hold himself or herself out as, or claim to be an officer or employee of the Office of the Attorney General or the State of Mississippi and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Office of the Attorney General or the State of Mississippi.
705. Filing a False Application or Furnishing False Information.
1. A program applicant who falsely attests in an application that disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's children or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application or while a program participant, shall be guilty of a misdemeanor, punishable by a fine not to exceed Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for a term not to exceed six (6) months. Mississippi Code Annotated § 99-47-1(2) (d).
2. A fraudulent attempt to gain access to a program participant's confidential address shall constitute a felony, punishable by a fine not to exceed Two Thousand Dollars ($ 2,000.00) or by imprisonment in the county jail for a term not to exceed two (2) years. Mississippi Code Annotated § 99-47-1(2) (e).
3. Knowingly entering the Address Confidentiality Program to evade civil liability or criminal prosecution shall constitute a felony, punishable by a fine not to exceed Two Thousand Dollars ($ 2,000.00) or by imprisonment in the county jail for a term not to exceed two (2) years. Mississippi Code Annotated § 99-47-1(2) (f).
706. Appeal Process.
1. The Office of the Attorney General (Victim Compensation Division Director), on his/her motion or on request of the victim, may reconsider a decision granting or denying ACP participation.
2. If the Office of the Attorney General denies an application or cancels ACP certification for any reason, the applicant or an adult, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, may appeal the decision by notifying the Office of the Attorney General in writing. The written request for reconsideration must be provided within thirty (30) days from the date the applicant receives the decision notification from the Office of the Attorney General. The request must include the following and clearly state:
a. That the applicant is requesting a reconsideration;
b. In a brief statement, the reason the applicant is requesting a reconsideration; and
c. Any information omitted from the original application that would have resulted in a different decision had the information been provided to the Office of the Attorney General.
3. The decision of the reconsideration becomes the final ruling of the Office of the Attorney General within thirty (30) days of notification of the decision if no request for a contested hearing is received.
4. If the Office of the Attorney General upholds the original decision, the applicant or an adult, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, may appeal the decision by notifying the Office of the Attorney General in writing. The written request for a contested hearing must be provided within thirty (30) days from the date the applicant receives the decision notification from the Office of the Attorney General. The request must include the following and clearly state:
a. That the applicant is requesting a contested hearing;
b. In a brief statement, the reason the applicant is requesting a contested hearing;
c. Any information omitted from the original application that would have resulted in a different decision had the information been provided to the Office of the Attorney General.
5. When a request for a contested hearing is received, the Office of the Attorney General shall:
a. Send the applicant a letter acknowledging receipt of the request for a hearing;
b. Set a date, time, and place for the hearing;
c. Send the applicant a Notification of the Contested Hearing to include the date, time, and place of the hearing;
d. Send the applicant the Policies for a Contested Hearing, providing the administrative rules of a hearing; and
e. Send the applicant the Policies for Issuance of Subpoenas, providing instructions for requesting the attendance of any witness.
6. Witnesses:
a. The applicant or an adult, a parent or guardian, acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, may request the attendance of witnesses on his or her behalf for the contested hearing.
b. The request for issuance of a subpoena should be made in writing to the Office of the Attorney General and received no later than twenty (20) days prior to the hearing date.
c. The cost of the issuance of a subpoena shall be the responsibility of the applicant and is payable in advance at the current rate of such cost. The fee shall be in the form of a cashier's check, money order, or bona fide attorney's check made payable to the sheriff of the county where the person subpoenaed may be found.
d. All witnesses shall testify under oath and shall be subject to cross examination.
7. The Office of the Attorney General shall have the power to subpoena witnesses, compel their attendance, and require the production of records and other evidence.
8. Failure to appear at the hearing, without good cause, will be considered as a withdrawal, waiving the right to appeal and will result in dismissal of the claim.
9. Record of the Hearing:
a. In order to preserve the record of the hearing, a recording shall be made by a court reporter retained at the expense of the Office of the Attorney General.
b. A record of the hearing in a contested case shall be made and shall be transcribed upon request of any party who shall pay transcription costs unless otherwise ordered by the Office of the Attorney General.
10. The applicant will be notified of all appeal request decisions in writing.
11. An applicant who disagrees with the contested hearing decision may appeal to the circuit court where the applicant resides or the Circuit Court of the First Judicial District of Hinds County by filing a petition with the clerk of the court and executing and filing bond payable to the State of Mississippi with sufficient sureties to be approved by the clerk of the court, conditioned upon the payment of all cost of appeal, including the cost of preparing the transcript of the hearing before the Attorney General. The petition and bond shall be filed within thirty (30) days of receipt of the final decision of the Attorney General.
12. The decision of the contested hearing becomes the final ruling of the Office of the Attorney General within thirty (30) days of notification of the decision if no appeal before the circuit court is made.
707. Cancellation or Withdrawal of ACP Certification.
1. Program certification shall be canceled if any of the following occur:
a. The program participant obtains a name change. However, the person may immediately reapply for certification under their new name. A copy of legal documents verifying the name change must be submitted. If the applicant is applying merely because of a name change, submission of a new ACP application is all that is required.
b. The program participant applied using false information.
c. The program participant discloses his/her confidential address to the assailant or probable assailant.
d. The program applicant moves out of the State of Mississippi.
2. Program certification may be canceled if any of the following occur:
a. A change in the residential address or telephone number from the address or the telephone number listed for the program participant on the application unless the program participant provides the Office of the Attorney General with notice of the new contact information within a minimum of seven (7) days before the change of address occurs.
b. If mail forwarded to the program participant's confidential address is returned as undeliverable or if service of process documents are returned as unable to be served.
3. The Office of the Attorney General shall send notice of cancellation to the program participant, with the notice stating the reason(s) for cancellation. The program participant shall have thirty (30) days from receipt of the notice of cancellation to appeal the cancellation decision.
4. Upon cancellation of program certification, the program participant shall return the ACP authorization card to the Office of the Attorney General.
5. An ACP participant may terminate their program certification by filing a notarized request for withdrawal from the program with the Office of the Attorney General and by returning their current authorization card to the Office of the Attorney General. The Office of the Attorney General shall send a letter acknowledging receipt of the participant's request for withdrawal from the program.
6. An individual who ceases to be a program participant is responsible for notifying persons/agencies, which use the substitute address designated by the Office of the Attorney General as the program participant's address, that the designated substitute address is no longer the individual's address.
7. Any mail received after an individual ceases to be a program participant shall be returned to sender.
708. Local/State Agency Use of Designated Address.
1. An ACP participant may request that public bodies use the address designated by the Office of the Attorney General as the participant's substitute address.
2. The ACP participant, and not the Office of the Attorney General, is responsible for requesting that any public body use the address designated by the Office of the Attorney General as the substitute address of the program participant. Mississippi Code Annotated § 99-47-1(4)(a).
3. If there is any criminal proceeding on behalf of the program participant, the program participant is also responsible for notifying any law enforcement agency and the district attorney's office of the person's participation in the program.
4. There shall be no responsibility on the part of any district attorney's office or any law enforcement agency to request that a public body use the substitute address.
5. Public bodies shall accept the address designated by the Office of the Attorney General as a program participant's substitute address, unless the Office of the Attorney General has determined that:
a. The public body has a bona fide statutory or administrative requirement for the use of the confidential address of the program participant; and
b. The confidential address will be used only for those statutory and administrative purposes.
6. A public body requesting an exemption under Mississippi Code Annotated § 99-47-1(4) must provide the following in writing to the Office of the Attorney General:
a. The public body's reason for requesting the exemption;
b. Identification of the statute or administrative rule which demonstrates the public body's bona fide requirement and authority for the use of the confidential address of the program participant;
c. Identification and description of the specific record or record series for which the exemption is requested;
d. Identification of the individual(s) who will have access to the record;
e. An explanation of why the public body cannot meet its statutory or administrative obligations by a change in the public body's internal procedures.
7. If the Office of the Attorney General determines that a public body has a bona fide statutory or administrative requirement for the use of a program participant's confidential address and that the address will be used only for those statutory and administrative purposes, the Office of the Attorney General may issue a written exemption for the public body.
8. The Office of the Attorney General's denial of a public body's exemption request shall be made in writing and include a statement of the specific reason(s) for the denial.
9. A program participant may use the substitute address designated by the Office of the Attorney General as his or her work address.
10. The Office of the Attorney General shall forward all first-class, certified or registered mail to the program participant at the confidential address provided by the program participant. The Office of the Attorney General shall not be required to track or otherwise maintain records of any mail received on behalf of a program participant unless the mail is certified or registered.
11. A program participant's confidential address, telephone number, and any other identifying information within the possession of a public body, as defined by Mississippi Code Annotated § 25-61-3, shall not constitute a public record within the meaning of the Mississippi Public Records Act of 1983. The program participant's actual address and telephone number shall be confidential and no public body shall disclose the program participant's address, telephone number, or any other identifying information.
709. Disclosure of Records.
1. Under Mississippi Code Annotated § 99-47-1(5), a program participant's confidential address, telephone number, and any other identifying information in the possession of the Office of the Attorney General shall not constitute a public record within the meaning of the Mississippi Public Records Act of 1983, and shall not be disclosed during discovery in any criminal prosecution.
2. The Office of the Attorney General shall not make any records in a program participant's file available for inspection or copying other than the substitute address, except under the following circumstances:
a. If requested by a law enforcement agency for their official use only, but not to be included in any reports made by the law enforcement agency or required to be produced in discovery in any criminal prosecution;
b. If directed by a court order, to a person identified in the order;
c. If certification has been cancelled, withdrawn, or invalidated; or
d. To verify, if requested by a public body, the participation of a specific program participant, in which case the Office of the Attorney General may only confirm participation in the ACP program and confirm information supplied by the requester.
3. The Office of the Attorney General shall provide notification to the program participant (by telephone and written notice) in advance of pending disclosure if not otherwise prohibited by law.
710. Service of Process.
1. The Office of the Attorney General shall be an agent of the program participant upon whom any summons, writ, notice, demand, or process may be served.
2. Service on the Office of the Attorney General of any summons, writ, notice, demand, or process may be made by mailing two (2) copies to the substitute address or by delivering two (2) copies to the Office of the Attorney General, Victim Compensation Division, at P.O. Box 220, Jackson, Mississippi 39205-0220.
3. If a summons, writ, notice, demand, or process is served on the Office of the Attorney General, the Office of the Attorney General shall immediately forward a copy to the program participant at the program participant's current mailing address shown on the ACP records.
4. The Office of the Attorney General shall maintain in the program participant's file, a record of all summonses, writs, notices, demands, and processes served upon the Office of the Attorney General for that program participant. The Office of the Attorney General shall include in the file the date of such service and the action taken upon receipt of service.
711. Immunity.
1. The Office of the Attorney General and/or its agents and/or employees are immune from civil and/or criminal liability for damages for conduct within the scope and arising out of the performance of the duties imposed under this section.
2. Any district attorney and his agents and employees and any law enforcement agency and its agents and employees are immune from liability, whether civil or criminal, for damages for conduct within the scope and arising out of the program.
3. Any employee or representative of a domestic violence shelter or rape crisis center who acts in good faith to assist a victim complete an application for participation in the Address Confidentiality Program shall be immune from civil and/or criminal liability.
4. Any assistance and/or counseling rendered pursuant to this section, by the Office of the Attorney General, its agents or employees, shall in no way be construed as legal advice.