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ACP Statute

Title 37. Law | Part XI. Office of Victim Advocate
Chapter 802. The Domestic and Sexual Violence Address Confidentiality Program

GENERAL PROVISIONS
§ 802.1. Scope.
This chapter sets forth standards and procedures relating to participation in the ACP on or after June 1, 2005, as well as waiver requests from entities that have an interest in obtaining an ACP participant’s actual address.
 
§ 802.2. Definitions.
(a) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

ACP—The Domestic and Sexual Violence Victim Address Confidentiality Program (see 23 Pa.C.S. § 6703 (relating to Address Confidentiality Program)).

ACP authorization card—A card issued by the OVA under § 802.12 (relating to certification).

ACP code—An identifying number unique to each ACP participant.

Act—The Domestic and Sexual Violence Victim Address Confidentiality Act (23 Pa.C.S. § § 6701—6713).

Agent for service of process—Third party agent for the formal delivery of a writ, summons or other legal process.

Cohabitant—A person who is a member of the same household as an ACP participant who is certified by the OVA to participate in ACP.

OVA—The Office of Victim Advocate.

Victim service provider—A State or local agency that provides services to victims of domestic violence, sexual assault or other crimes.

(b) The definitions in section 6702 of the act (23 Pa.C.S. § 6702) (relating to definitions) are incorporated by reference.
 
§ 802.3. Persons eligible for participation.
(a) Except as otherwise provided in the act, the following persons are eligible for participation:
   (1) Victims of domestic violence.
   (2) Victims of sexual assault.
   (3) Victims of stalking.
   (4) A minor child who is a member of the same household as an ACP participant.
   (5) An adult who is a cohabitant of an ACP participant.
   (6) An ACP participant who notifies OVA of the ACP participant’s intent to continue participation prior to expiration of the 3-year ACP certification period.
(b) An adult who is a cohabitant of an ACP participant shall apply separately for participation.
(c) Minor children who are enrolled with an adult ACP participant are required to apply separately upon reaching 18 years of age.
(d) Commonwealth residency is not a requirement for ACP participation. ACP applicants who do not provide a Commonwealth residential address will be enrolled as a ‘‘Non-PA Resident.’’ This designation will appear on the ACP participant’s ACP authorization card.

PROGRAM
§ 802.11. Application.
(a) An application may be filed by any eligible person on the form provided by OVA.
   (1) An eligible ACP participant may apply, in person, at a victim service provider.
   (2) The role of the victim service provider is to:
     (i) Assist the eligible person in determining whether ACP should be part of the person’s overall safety plan.
     (ii) Explain ACP services and limitations.
     (iii) Explain ACP participants’ responsibilities.
     (iv) Assist the person eligible for participation with the completion of application materials.

(b) The completed application must include the following:
   (1) An affidavit from the applicant describing, in detail, a perpetrator’s violent actions or threatened violent actions, or course of stalking conduct and describing, in detail, the applicant’s fear of future violent acts of abuse, sexual assault or stalking, or all, by the perpetrator.
   (2) Designation of the OVA as the applicant’s agent for service of process.
   (3) An applicant’s mailing address to which mail can be forwarded by the OVA.
   (4) An applicant’s actual address and telephone number, if different from the applicant’s mailing address.
   (5) A listing of minor children residing at the actual address, each minor child’s date of birth and each minor child’s relationship to the applicant.
   (6) When applicable, a listing of all pending civil and criminal proceedings, including, but not limited to, domestic relations, family court, child custody or Protection From Abuse proceedings, in which the applicant or minor child is a victim, witness, plaintiff or defendant.
   (7) When applicable, an explanation of the applicant’s probation or parole supervision requirements (Federal, State or county) as well as the name and phone number of the applicant’s probation or parole officer.
   (8) A signed statement affirming that information provided on the ACP application is true and acknowledging the applicant’s duty to notify OVA of any change in information provided on the application.
   (9) The date and signature of the applicant and the signature of any person who assisted in the preparation of the application.

(c) Completed applications shall be submitted to the ACP substitute address by mail. Applications submitted by means of facsimile or electronic mail will not be accepted.

(d) Application packets must contain the following completed materials:
   (1) Completed and signed ACP application form.
   (2) Criminal/civil case information.
   (3) Affidavit.
   (4) Signed ACP authorization card.

(e) Upon receipt, OVA will determine if the applicant meets the prescribed criteria for eligibility for enrollment in ACP in accordance with 23 Pa.C.S. § 6704 (relating to persons eligible to apply), which is incorporated by reference.

(f) For purposes of ACP, residents of temporary housing (30 days or less), such as emergency domestic violence shelter, are not eligible to enroll in ACP until a permanent, residential address is obtained, unless otherwise determined by the OVA, at the sole discretion of the OVA.

(g) OVA will contact the applicant if additional information is necessary for OVA to determine the eligibility of the applicant or minor child for participation in ACP.

§ 802.12. Certification.
   (a) If OVA determines that an applicant is eligible for participation in ACP, the ACP participant is assigned a unique ACP number, known as an ACP code.
   (b) ACP participant data will be entered into OVA’s confidential records.
   (c) An ACP authorization card is created and certified by OVA. The ACP authorization card contains the ACP participant’s substitute address.
   (d) Certification is valid for 3 years unless the certification is withdrawn by OVA, at the sole discretion of OVA, or canceled by the ACP participant prior to the expiration of the 3-year period.
   (e) If the ACP participant is a victim, witness, plaintiff or defendant involved in an ongoing civil or criminal case, OVA will provide, upon certification, notice of the ACP participant’s substitute address to appropriate court officials in which an ACP participant is a victim, witness, plaintiff or defendant. Appropriate officials may include, but not be limited to, the county district attorney, clerks of court or other agencies with prosecutorial authority.
   (f) If an ACP participant who is a victim, witness, plaintiff or defendant involved in an ongoing civil or criminal case cancels, withdraws or expires from ACP participation, OVA will provide notice to any appropriate court officials previously notified.
   (g) Upon certification by OVA, the ACP participant will receive the following:
     (1) Notification of the ACP participant’s enrollment in ACP.
     (2) A completed and laminated ACP authorization card with the ACP participant’s ACP code on the ACP authorization card.
     (3) ACP materials advising the ACP participant how to use ACP when the ACP participant is dealing with Commonwealth and local agencies.
   (h) If OVA determines, in the sole discretion of OVA, that an applicant or minor child does not meet the criteria for ACP certification, the applicant will receive notice of this decision from OVA.

IMPORTANT NOTICE
The text for Title 37, Chapter 802 contained on this page is for informational purposes only. The Office of Victim Advocate and the Address Confidentiality Program are not responsible for any errors or omissions herein, and this compilation is not to be cited, for any purpose whatsoever.

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