Chapter 968a

(3) “Application assistant” means a person authorized by the Secretary of the State to assist applicants in the completion of applications for program participation;

(4) “Authorized personnel” means an employee in the office of the Secretary of the State who has been designated by the Secretary of the State, or an employee of an agency who has been designated by the chief executive officer of such agency, to process and have access to records pertaining to a program participant, including, but not limited to, voter registration applications, voting records and marriage records;

(5) “Certification card” means a card issued by the Secretary of the State pursuant to section 54-240d;

(6) “Confidential address” means a program participant's address or addresses as listed on such participant's application for program participation that are not to be disclosed, including such participant's residential address in this state and work and school addresses in this state, if any;

(7) “Family violence” has the same meaning as provided in section 46b-38a;

(8) “Injury or risk of injury to a child” means any act or conduct that constitutes a violation of section 53-21;

(9) “Kidnapping” means any act that constitutes a violation of section 53a-92, 53a-92a, 53a-94 or 53a-94a;

(10) “Law enforcement agency” means the office of the Attorney General, the office of the Chief State's Attorney, the Division of State Police within the Department of Emergency Services and Public Protection or any municipal police department;

(11) “Marriage records” means an application for a marriage license, an issued marriage license, a license certificate or other documents related thereto;

(12) “Program address” means the post office box number and fictitious street address assigned to a program participant by the Secretary of the State;

(13) “Program participant” or “participant” means any person certified by the Secretary of the State to participate in the address confidentiality program;

(14) “Record” has the same meaning as “public records or files” as provided in section 1-200;

(15) “Sexual assault” means any act that constitutes a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a;

(16) “Stalking” means any act that constitutes a violation of section 53a-181c, 53a-181d or 53a-181e; and

(17) “Trafficking in persons” means any act that constitutes a violation of section 53a-192a.

(P.A. 03-200, S. 1; P.A. 11-51, S. 134; P.A. 14-122, S. 197–199; P.A. 19-189, S. 39; P.A. 22-87, S. 9.)

History: P.A. 03-200 effective January 1, 2004; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection” in Subdiv. (9), effective July 1, 2011; P.A. 14-122 made technical changes in Subdivs. (2), (7) and (13); P.A. 19-189 redefined “sexual assault” in Subdiv. (14); P.A. 22-87 added new Subdiv. (9) to define “kidnapping”, redesignated existing Subdivs. (9) to (15) as Subdivs. (10) to (16) and added Subdiv. (17) to define “trafficking in persons”, effective July 1, 2022.

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Sec. 54-240a. Program purpose. Regulations. (a) There shall be an address confidentiality program established in the office of the Secretary of the State to provide a substitute mailing address for any person who wishes to keep such person's residential address confidential because of safety concerns and (1) has been a victim of (A) family violence, (B) injury or risk of injury to a child, (C) kidnapping, (D) sexual assault, (E) stalking, (F) trafficking in persons, or (G) child abuse or neglect, where such abuse or neglect was substantiated by the Department of Children and Families and was the basis for the issuance of a restraining order under section 46b-15 or civil protection order under section 46b-16a, or (2) a termination of parental rights was granted pursuant to section 45a-717 or 46b-129.

(b) The Secretary of the State shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of this chapter. Such regulations may include, but need not be limited to, provisions for applications for participation in the address confidentiality program, certification of program participants, certification cancellation, agency use of program addresses, forwarding of program participants' mail, voting by program participants and recording of vital statistics for program participants.

(P.A. 03-200, S. 2; P.A. 22-87; S. 10.)

History: P.A. 03-200 effective January 1, 2004; P.A. 22-87 amended Subsec. (a) by designating existing provision re victim of certain acts as Subdiv. (1) and amended same by designating family violence, injury or risk of injury to a child, sexual assault and stalking as Subparas. (A), (B), (D) and (E), respectively, and added Subparas. (C), (F) and (G) re kidnapping, trafficking in persons and substantiated child abuse or neglect, respectively, adding Subdiv. (2) re termination of parental rights and making a technical change, effective July 1, 2022.

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Sec. 54-240b. Application for program participation. Application assistants. (a) An adult person, a guardian or conservator of the person acting on behalf of an adult person, or a parent or guardian acting on behalf of a minor may apply to the Secretary of the State for participation in the address confidentiality program and to have the Secretary of the State designate a program address to serve as the address of the adult person or of the minor. Each application for program participation shall be completed with the assistance of an application assistant.

(b) The Secretary of the State shall make available a list of entities that employ application assistants to assist applicants in applying for participation in the address confidentiality program, provided no entity shall be included on such list unless the entity has received sufficient funds from federal or state sources as reimbursement for the reasonable costs of implementing the provisions of this chapter.

(P.A. 03-200, S. 3.)

History: P.A. 03-200 effective January 1, 2004.

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Sec. 54-240c. Certification as program participant. Application requirements. The Secretary of the State shall certify an applicant or the person on whose behalf an application is made as a program participant if the application is filed in the manner and on the application form prescribed by the Secretary of the State and includes:

(1) A statement made under penalty of false statement, as provided in section 53a-157b, that the applicant or the person on whose behalf the application is made (A) is a victim of (i) family violence, (ii) injury or risk of injury to a minor, (iii) kidnapping, (iv) sexual assault, (v) stalking, (vi) trafficking in persons, or (vii) child abuse or neglect, where such abuse or neglect was substantiated by the Department of Children and Families and was the basis for the issuance of a restraining order under section 46b-15 or civil protection order under section 46b-16a, or (B) a termination of parental rights was granted pursuant to section 45a-717 or 46b-129, and (C) the applicant fears for the safety of the applicant, children living in the applicant's home, person on whose behalf the application is made or children living in the home of the person on whose behalf the application is made;

(2) Documentation supporting the statement made pursuant to subdivision (1) of this section;

(3) A designation of the Secretary of the State as the agent of the applicant or the person on whose behalf the application is made for service of process and for receipt of first class mail;

(4) The residential address in this state, the work and school addresses in this state, if any, and the phone number or numbers, if available, that are to remain confidential, but which may be used by the Secretary of the State or authorized personnel to contact the applicant or the person on whose behalf the application is made; and

(5) The application preparation date, the applicant's signature and the signature of the application assistant who assisted the applicant in completing the application.

(P.A. 03-200, S. 4; P.A. 22-87, S. 11.)

History: P.A. 03-200 effective January 1, 2004; P.A. 22-87 amended Subdiv. (1) by designating existing provisions re family violence, injury or risk of injury to a minor and sexual assault as clauses (i), (ii) and (iv), respectively, adding clauses (iii), (vi) and (vii) re kidnapping, trafficking in persons and substantiated abuse or neglect, respectively, adding new Subpara. (B) re termination of parental rights, redesignating existing Subpara. (B) as Subpara. (C) and making technical changes, effective July 1, 2022.

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Sec. 54-240d. Certification card. Upon certification of an applicant or a person on whose behalf an application is made as a program participant pursuant to section 54-240c, the Secretary of the State shall issue a certification card to such applicant or person, as appropriate. The certification card shall include the program participant's name and signature, a certification code, the program address and the certification expiration date. Such certification expiration date shall be four years from the date of issuance of the certification card.

(P.A. 03-200, S. 5.)

History: P.A. 03-200 effective January 1, 2004.

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Sec. 54-240e. Program address. Forwarding of mail. (a) The Secretary of the State shall maintain a post office box for the exclusive use of the program. The post office box number and a fictitious street address shall be the program address for program participants.

(b) The Secretary of the State shall open the post office box each day, other than Saturdays, Sundays and state holidays, and retrieve the contents. All first class mail addressed to a program participant shall be placed, unopened, into envelopes addressed to the participant and deposited at a United States post office the same day for delivery by first class mail to the participant at the confidential address indicated on the application by the participant or by the person applying on behalf of the participant.

(P.A. 03-200, S. 6.)

History: P.A. 03-200 effective January 1, 2004.

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Sec. 54-240f. Confidentiality of marriage records. A program participant may request that the participant's marriage records be kept confidential by appearing in person with the participant's spouse or intended spouse before the authorized personnel for the office of the registrar of vital statistics in the municipality where the marriage was or is to be celebrated and presenting the participant's certification card to such personnel. Upon such request, such registrar shall keep the participant's marriage records confidential and shall not make available for inspection or copying the name and address of a program participant or of the participant's spouse or intended spouse contained in the participant's marriage records, except (1) if requested by a law enforcement agency, to the law enforcement agency, (2) if directed by a court order, to a person identified in such order, or (3) if notified by the Secretary of the State that the program participant's certification has been cancelled.

(P.A. 03-200, S. 7.)

History: P.A. 03-200 effective January 1, 2004.

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Sec. 54-240g. Listing on voter registry list. A program participant may request to be listed on a voter registry list without the participant's street and house number by presenting the participant's certification card to the authorized personnel for the office of the registrar of voters for the municipality in which the participant is eligible to vote, or has applied for such eligibility. Upon such request, the registrar of voters shall list the participant by name only in accordance with subsection (d) of section 9-35. Such registrar shall keep the participant's confidential address confidential and shall not make such address available for inspection or copying, except (1) if requested by a law enforcement agency, to the law enforcement agency, (2) if directed by a court order, to a person identified in such order, or (3) if notified by the Secretary of the State that the program participant's certification has been cancelled.

(P.A. 03-200, S. 8.)

History: P.A. 03-200 effective January 1, 2004.

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Sec. 54-240h. Agency use of program address. (a) A program participant may request that an agency use the program address as the participant's residential, work or school address for all purposes for which the agency requires or requests such residential, work or school address. A program participant shall present the participant's certification card to any agency official creating a new record pertaining to the participant and request the use in such record of the program address appearing on the certification card. The agency official may make a photocopy of the certification card for the records of the agency and thereafter shall immediately return the certification card to the program participant.

(b) If a program participant requests that an agency use the program address pursuant to subsection (a) of this section, the agency shall accept and use the program address as the program participant's residential, work or school address, in lieu of the participant's confidential address, unless the agency receives an exemption from such use granted by the Secretary of the State pursuant to section 54-240i.

(P.A. 03-200, S. 9.)

History: P.A. 03-200 effective January 1, 2004.

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Sec. 54-240i. Exemption from use of program address by agency. (a) An agency may request an exemption from the use of a program participant's program address pursuant to section 54-240h by providing, in writing, to the Secretary of the State: (1) Identification of the statute or regulation that specifies the agency's statutory or regulatory requirement for the use of the program participant's confidential address; (2) a statement that the confidential address will be used only for such statutory or regulatory purposes; (3) identification of the specific program participant with respect to whom the exemption is requested; (4) identification of the persons who will have access to the confidential address; and (5) an explanation of how the agency's acceptance of the program address would prevent the agency from meeting its obligations under the law and why it cannot meet its statutory or regulatory obligation by a change in its internal procedures.

(b) During the review and evaluation by the Secretary of the State, and any appeal, if applicable, of an agency's exemption request, the agency shall use the program participant's program address.

(c) The Secretary of the State's determination to grant or deny an exemption request shall be based on, but need not be limited to, an evaluation of the information provided by the agency pursuant to subsection (a) of this section.

(d) If the Secretary of the State determines that there is a statutory or regulatory requirement that the agency use the program participant's confidential address and that the confidential address will be used only to comply with such requirement, the Secretary of the State shall issue a written exemption for the agency. The Secretary of the State may include in the exemption (1) the agency's obligation to maintain the confidentiality of the program participant's confidential address, (2) limitations on the use of or access to the confidential address, (3) the term for which the exemption is granted, (4) a designation of the record format in which the confidential address may be maintained, (5) a designation of a disposition date after which the agency may no longer maintain a record of the participant's confidential address, and (6) any other provisions and qualifications deemed appropriate by the Secretary of the State. Any agency that is granted an exemption may not make the program participant's confidential address available for inspection or copying by persons other than those identified in the exemption request as having access to the confidential address, except (A) if directed by a court order, to a person identified in such order, or (B) if notified by the Secretary of the State that the program participant's certification has been cancelled.

(e) Prior to granting an exemption, the Secretary of the State shall notify the program participant of the exemption, including the name of the agency and the reason or reasons for the exemption.

(f) If the Secretary of the State determines that there is no statutory or regulatory requirement that the agency use the program participant's confidential address, the Secretary of the State shall issue a written denial of the exemption request. Such written denial shall include a statement of the reason or reasons for the denial.

(g) The granting or denial of the agency's exemption request pursuant to this section constitutes a final decision. The program participant or any other party aggrieved by such decision may appeal therefrom in accordance with the provisions of section 4-183.

(P.A. 03-200, S. 10.)

History: P.A. 03-200 effective January 1, 2004.

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Sec. 54-240j. Renewal of program certification. (a) A program participant, a guardian or conservator of the person acting on behalf of an adult program participant, or a parent or guardian acting on behalf of a minor program participant may apply to renew the participant's program certification by filing with the Secretary of the State (1) the participant's current certification card, (2) a properly completed certification renewal form, and (3) a new certification card form. The program participant or the person acting on behalf of the program participant shall provide all the information required on the certification renewal form and the program participant shall sign and date the certification card form.

(b) The Secretary of the State shall (1) certify a program participant who has satisfied the filing requirements of subsection (a) of this section to participate in the program for an additional four-year term, and (2) issue to such program participant a new certification card with a new certification expiration date.

(P.A. 03-200, S. 11.)

History: P.A. 03-200 effective January 1, 2004.

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Sec. 54-240k. Cancellation of program certification. Notice. Reapplication to program. Withdrawal from program. (a) The Secretary of the State may cancel a program participant's certification and invalidate the participant's certification card if:

(1) The program participant changes the participant's name from the name listed on the program application and fails to notify the Secretary of the State in writing of the name change not later than thirty days after the change;

(2) The program participant changes the participant's confidential address from the address listed on the program application and fails to notify the Secretary of the State in writing of the change not later than thirty days after the change;

(3) Mail forwarded to the program participant is returned as nondeliverable;

(4) The term of the program participant's certification has expired and the participant has not applied for renewal; or

(5) The application for program participation or renewal filed by or on behalf of the program participant contains false information.

(b) The Secretary of the State shall send written notice of cancellation to the program participant at the confidential address shown in the Secretary of the State's records regarding the participant. The notice shall specify the reason or reasons for cancellation. The program participant shall have thirty days from the date the notice was mailed by the Secretary of the State to appeal the cancellation in accordance with regulations adopted pursuant to section 54-240a.

(c) A person may reapply to the address confidentiality program at any time after such person's certification has been cancelled for any reason.

(d) (1) The Secretary of the State shall notify in writing the authorized personnel of the appropriate agency when a participant's certification in the program has been cancelled. After receipt of such notice, the agency shall not be responsible for maintaining the confidentiality of the record or address of a program participant whose certification has been cancelled.

(2) If the marriage records of a program participant whose certification has been cancelled were kept confidential pursuant to section 54-240f, the Secretary of the State shall notify in writing the authorized personnel of the appropriate office of the registrar of vital statistics of the cancellation.

(3) If the participant whose certification has been cancelled was listed on a voter registry list without the participant's street and house number pursuant to section 54-240g, the Secretary of the State shall notify in writing the authorized personnel of the appropriate office of the registrar of voters of the cancellation.

(e) A program participant may withdraw from the program by submitting to the Secretary of the State written notice of the participant's withdrawal and the participant's current certification card. The Secretary of the State shall cancel the participant's certification effective on the date of receipt of such notice by the Secretary of the State.

(P.A. 03-200, S. 12.)

History: P.A. 03-200 effective January 1, 2004.

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Sec. 54-240l. Secretary of the State as agent for program participant. Service on program participant. (a) The Secretary of the State shall be a program participant's agent upon whom any summons, writ, notice, demand or process in any action, proceeding or other matter involving the program participant shall be served.

(b) The Secretary of the State shall notify the chairperson of the State Marshal Commission of the names of program participants and the commission shall create a list to be used by state marshals to determine if a person upon whom process is to be served is a program participant. If a person is identified on the list as a program participant, a state marshal shall make service upon the Secretary of the State in accordance with subsection (c) of this section. Prior to making service, a state marshal shall verify the participation of a specific program participant as provided in subdivision (3) of subsection (a) of section 54-240m.

(c) A program participant may be served by any proper officer or other person lawfully empowered to make service by leaving two true and attested copies of such summons, writ, notice, demand or process, together with the required fee, at the office of the Secretary of the State or depositing the same in the United States mail, by registered or certified mail, postage prepaid, addressed to the Secretary of the State's office and marked “Address Confidentiality Program”. The Secretary of the State shall file one copy of the summons, writ, notice, demand or process and keep a record of the date and hour of receipt. The Secretary of the State shall, not later than two business days after such service, forward by registered or certified mail the copy of such summons, writ, notice, demand or process to the program participant at the confidential address shown on the records of the Secretary of the State.

(d) Service is effective pursuant to this section as of the date and hour received by the Secretary of the State as shown on the records of the Secretary of the State.

(P.A. 03-200, S. 13; P.A. 06-100, S. 5.)

History: P.A. 03-200 effective January 1, 2004; P.A. 06-100 added new Subsec. (b) re notification of chairperson of State Marshal Commission of names of program participants, creation by said commission of list of program participants to be used by state marshals and responsibilities of state marshals when a person is identified as a program participant and redesignated existing Subsecs. (b) and (c) as Subsecs. (c) and (d), respectively, effective June 2, 2006.

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Sec. 54-240m. Confidentiality of records re program participant. Exceptions. Notice of disclosure. (a) The Secretary of the State may not make any records in a program participant's file, other than the program address, available for inspection or copying, except:

(1) If requested by a law enforcement agency or by the State Elections Enforcement Commission, to such law enforcement agency or said commission, provided the request is in writing, on agency or commission letterhead stationery signed by the agency's chief law enforcement officer, a commanding officer in the Division of State Police within the Department of Emergency Services and Public Protection or the executive director of the State Elections Enforcement Commission, as the case may be, and contains the request date and the name of the program participant;

(2) If directed by a court order, to a person identified in such order;

(3) To verify the participation of a specific program participant, in which case the Secretary of the State may only confirm information supplied by the requestor; or

(4) If the program participant's certification has been cancelled.

(b) If the Secretary of the State discloses records pursuant to subdivision (2) or (3) of subsection (a) of this section, the Secretary of the State shall forthwith notify the program participant of such disclosure.

(P.A. 03-200, S. 14; P.A. 11-51, S. 134.)

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Sec. 54-240n. Nondisclosure of confidential address in criminal or civil proceeding. No employee of any law enforcement agency or any state or municipal social service agency, and no other witness, shall be compelled to disclose a program participant's confidential address during the discovery phase of, or during testimony in, any criminal or civil proceeding unless the court finds that nondisclosure may prejudice a party to the proceeding.

(P.A. 03-200, S. 15.)

History: P.A. 03-200 effective January 1, 2004.

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Sec. 54-240o. Custody or visitation order in effect prior to or during participation in program. No custody or visitation order in effect prior to or during a person's participation in the address confidentiality program shall be affected by such participation or by any provision of this chapter.

(P.A. 03-200, S. 16.)

History: P.A. 03-200 effective January 1, 2004.

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Secs. 54-241 to 54-249. Reserved for future use.

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