3 Miss. Code. R. 1-7-703 - 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 childrens 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 participants 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 participants 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 participants 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.

Notes

3 Miss. Code. R. 1-7-703