Use of the ACP Authorization Card and Substitute Address: The ACP laws require law enforcement agencies to accept an ACP participant’s substitute address as their legal address. The ACP participant must request the use of their substitute address and must present an active, valid ACP authorization card. Per §24-30-2108(2), C.R.S., law enforcement is authorized to make a copy of the authorization card for agency records.
Record Redaction: Upon a participant’s request, law enforcement must redact actual address information from any agency records created up to 90 days prior to the ACP enrollment date.
Policy Making: Law enforcement agencies should develop internal policies and procedures that best meet the needs of the agency while accommodating the ACP laws. The ACP can assist with this process in an advisory capacity, and are available to discuss unique situations as they occur on a case by case basis.
911 Calls: Initiating an emergency response to an address by calling 911-1, is a voluntarily release of that address. Even though some records can be redacted and replaced with a substitute address, it would be unrealistic to assure participants that all 9-1-1 generated information can be effectively redacted. Participants should not avoid calling 9-1-1 in the event of a true emergency, but should realize that their confidentiality may be compromised.
Disclosure of Participant Information: Participant information can be disclosed on an emergency and nonemergency basis.
Non-Emergency Disclosure of Participant Information: The process for requesting the release of any participant information is outlined in §24-30-2110, C.R.S. Any agency (including law enforcement) must have a bona fide statutory or administrative requirement for the use of the ACP participant’s actual address. Unless emergency exceptions apply, the participant will be notified of the request and have an opportunity to respond before their confidential information is released.
Emergency Disclosure of Participant Information: A criminal justice agency or official may request the expedited release of participant information if the information is required pursuant to a criminal justice trial, hearing, proceeding, or investigation involving a program participant.