Utah Code 77-38-605. Administration — Application
Current as of: 2024 | Check for updates
|
Other versions
(1) The commission shall provide an application form to an applicant who seeks to participate in the program under this part.
Terms Used In Utah Code 77-38-605
- Abuse: means any of the following:(1)(b) "child abuse" as that term is defined in Section 76-5-109. See Utah Code 77-38-601
- Actual address: means the residential street address of the program participant that is stated in a program participant's application for enrollment or on a notice of a change of address under Section 77-38-610. 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
- Assigned address: means an address designated by the commission and assigned to a program participant. 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
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 77-38-601
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Incapacitated individual: means an individual who is incapacitated, as defined in Section 75-1-201. See Utah Code 77-38-601
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Minor: means an individual who is younger than 18 years old. See Utah Code 77-38-601
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- 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
- Program participant: means an individual who is enrolled under Section 77-38-606 by the commission to participate in the program. See Utah Code 77-38-601
- Record: means the same as that term is defined in Section 63G-2-103. See Utah Code 77-38-601
- Service of process: The service of writs or summonses to the appropriate party.
- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5- Sexual offense: means :
(17)(a) a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses; or(17)(b) a sexual exploitation offense under Title 76, Chapter 5b, Part 2, Sexual Exploitation. See Utah Code 77-38-601- Stalking: means the same as that term is defined in Section 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
- State or local government entity: means a county, municipality, higher education institution, special district, special service district, or any other political subdivision of the state or an administrative subunit of the executive, legislative, or judicial branch of this state, including:
(19)(a) a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission; or(19)(b) an individual acting or purporting to act for or on behalf of a state or local entity, including an elected or appointed public official. See Utah Code 77-38-601- Victim: means a victim of abuse, domestic violence, human trafficking, stalking, or sexual assault. See Utah Code 77-38-601
(2) The commission may not charge an applicant or program participant for an application or participation fee to apply for, or participate in, the program.(3) The application shall include:(3)(a) the applicant’s name;(3)(b) a mailing address, a phone number, and an email address where the applicant may be contacted by the commission;(3)(c) an indication regarding whether the assailant is employed by a state or local government entity, and if applicable, the name of the state or local government entity;(3)(d) a statement that the applicant understands and consents to:(3)(d)(i) remain enrolled in the program for four years, unless the applicant’s participation in the program is cancelled under Section77-38-617 ;(3)(d)(ii) while the applicant is enrolled in the program, notify the commission when the applicant changes the applicant’s actual address or legal name;(3)(d)(iii) develop a safety plan with a program assistant;(3)(d)(iv) authorize the commission to notify a state or local government entity that the applicant is a program participant;(3)(d)(v) submit written notice to the commission if the applicant chooses to cancel the applicant’s participation in the program;(3)(d)(vi) register to vote in person at the office of the clerk in the county where the applicant’s actual address is located; and(3)(d)(vii) certify that the commission is the applicant’s designated agent for service of process for personal service;(3)(e) evidence that the applicant, or a minor or an incapacitated individual residing with the applicant, is a victim, including:(3)(e)(i) a law enforcement, court, or other state, local, or federal government agency record; or(3)(e)(ii) a document from:(3)(e)(ii)(A) a domestic violence program, facility, or shelter;(3)(e)(ii)(B) a sexual assault program; or(3)(e)(ii)(C) a religious, medical, or other professional from whom the applicant, or the minor or the incapacitated individual residing with the applicant, sought assistance in dealing with alleged abuse, domestic violence, stalking, or a sexual offense;(3)(f) a statement from the applicant that a disclosure of the applicant’s actual address would endanger the applicant, or a minor or an incapacitated individual residing with the applicant;(3)(g) a statement by the applicant that the applicant:(3)(g)(i) resides at a residential address that is not known by the assailant;(3)(g)(ii) has relocated to a different residential address in the past 90 days that is not known by the assailant; or(3)(g)(iii) will relocate to a different residential address in the state within 90 days that is not known by the assailant;(3)(h) the actual address that:(3)(h)(i) the applicant requests that the commission not disclose; and(3)(h)(ii) is at risk of discovery by the assailant or potential assailant;(3)(i) a statement by the applicant disclosing:(3)(i)(i) the existence of a court order or action involving the applicant, or a minor or an incapacitated individual residing with the applicant, related to a divorce proceeding, a child support order or judgment, or the allocation of custody or parent-time; and(3)(i)(ii) the court that issued the order or has jurisdiction over the action;(3)(j) the name of any other individual who resides with the applicant who needs to be a program participant to ensure the safety of the applicant, or a minor or an incapacitated individual residing with the applicant;(3)(k) a statement by the applicant that:(3)(k)(i) the applicant, or a minor or an incapacitated individual residing at the same address as the applicant, will benefit from participation in the program;(3)(k)(ii) if the applicant intends to vote, the applicant will register to vote at the office of the clerk in the county in which the applicant actually resides; and(3)(k)(iii) the applicant does not have a current obligation to register as a sex offender, kidnap offender, or child abuse offender under Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry;(3)(l) a statement by the applicant, under penalty of perjury, that the information contained in the application is true;(3)(m) a statement that:(3)(m)(i) if the applicant intends to use the assigned address for any correspondence with the State Tax Commission, the applicant must provide the State Tax Commission with the applicant’s social security number, federal employee identification number, and any other identification number related to a tax, fee, charge, or license administered by the State Tax Commission; and(3)(m)(ii) if the applicant intends to use the assigned address for correspondence to a state or local government entity for the purpose of titling or registering a motor vehicle or a watercraft that is owned or leased by the applicant, the applicant shall provide to the state or local government entity for each motor vehicle or watercraft:(3)(m)(ii)(A) the motor vehicle or hull identification number;(3)(m)(ii)(B) the license plate or registration number for the motor vehicle or the watercraft; and(3)(m)(ii)(C) the physical address where each motor vehicle or watercraft is stored; and(3)(n) a statement that any assistance or counseling provided by a program assistant as part of the program does not constitute legal advice or legal services to the applicant.