Colorado § 24-30-2104 - Address confidentiality program - creation - substitute address - uses - service by mail - application assistance centers.

§ 24-30-2104. Address confidentiality program - creation - substitute address - uses - service by mail - application assistance centers.

(1) There is created the address confidentiality program in the department to protect the confidentiality of the actual address of a relocated protected health-care worker or a relocated victim of domestic violence, a sexual offense, human trafficking, or stalking and to prevent the victim's assailants or potential assailants from finding the victim through public records. Under the program, the executive director or the executive director's designee shall:

(a) Designate a substitute address for a program participant that shall be used by state and local government agencies as set forth in this part 21; and

(b) Receive mail sent to a program participant at a substitute address and forward the mail to the participant as set forth in subsection (2) of this section.

(2) The executive director or his or her designee shall receive first-class, certified, or registered mail on behalf of a program participant and forward the mail to the participant for no charge. The executive director or his or her designee may arrange to receive and forward other classes or kinds of mail at the participant's expense. Neither the executive director nor his or her designee shall be required to track or otherwise maintain records of any mail received on behalf of a participant unless the mail is certified or registered mail.

(3) (a) Notwithstanding any provision of law to the contrary, a program participant may be served by registered mail or by certified mail, return receipt requested, addressed to the participant at his or her substitute address with any process, notice, or demand required or permitted by law to be served on the program participant. Service is perfected under this subsection (3) at the earliest of:

(I) The date the program participant receives the process, notice, or demand; or

(II) Five days after the date shown on the return receipt if signed on behalf of the program participant.

(b) This subsection (3) does not prescribe the only means, or necessarily the required means, of serving a program participant in the state.

(c) Whenever the laws of the state provide a program participant a legal right to act within a prescribed period of ten days or less after the service of a notice or other paper upon the participant and the notice or paper is served upon the participant by mail pursuant to this subsection (3) or by first-class mail as otherwise authorized by law, five days shall be added to the prescribed period.

(4) The executive director or the executive director's designee may designate as an application assistant any person who:

(a) Provides counseling, referral, or other services to victims of domestic violence, a sexual offense, human trafficking, or stalking, if applicable;

(b) Completes any training and registration process required by the executive director or the executive director's designee, if applicable; and

(c) Provides counseling, referrals, or other services to individuals accessing a legally protected health-care activity, as defined in section 12-30-121 (1)(d), if applicable.

(5) Any assistance and counseling rendered by the executive director or his or her designee or an application assistant to an applicant related to this part 21 shall in no way be construed as legal advice.

Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1110, § 2, effective June 2. L. 2023: IP(1) and (4) amended, (SB 23-188), ch. 68, p. 248, § 19, effective April 14. L. 2024: IP(1) and (4)(a) amended, (HB 24-1345), ch. 317, p. 2124, § 6, effective May 31.

Editor's note: This section is similar to former § 24-21-204 as it existed prior to 2011.

Cross references: For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.