As used in this part 21, unless the context otherwise requires:
(1) Actual address means a residential, work, or school address as specified on the individual's application to be a program participant under this part 21, and includes the county, voting precinct number, and any unique identifying information related to the individual's residential, work, or school address.
(2) Address confidentiality program or program means the program created under this part 21 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.
(3) Applicant means an individual identified as such in an application received by the executive director or his or her designee pursuant to section 24-30-2105.
(4) Application assistant means a person designated by the executive director or his or her designee to assist an applicant in the preparation of an application to participate in the address confidentiality program.
(5) Department means the department of personnel created in section 24-1-128.
(6) Domestic violence means an act described in section 18-6-800.3 (1), C.R.S.
(7) Executive director means the executive director of the department.
(7.5) Human trafficking means an act described in section 18-3-503 or 18-3-504.
(8) Person means any individual, corporation, limited liability company, partnership, trust, estate, or other association or any state, the United States, or any subdivision thereof.
(9) Program participant or participant means an individual accepted into the address confidentiality program in accordance with this part 21.
(9.5) Protected health-care worker means a reproductive health-care provider, or an employee, volunteer, patient, or immediate family member of a reproductive health-care provider, engaged in the provision, facilitation, or promotion of a legally protected health-care activity, as defined in section 12-30-121 (1)(d).
(10) Public record means all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, digital data, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by a state or local government agency.
(11) Sexual offense means an act described in part 4 of article 3, or article 6 or 7 of title 18, C.R.S.
(12) Stalking means an act of harassment as described in section 18-9-111, C.R.S., or stalking as described in section 18-3-602, C.R.S.
(13) State or local government agency or agency means every elected or appointed state or local public office, public officer, or official; board, commission, bureau, committee, council, department, authority, agency, institution of higher education, or other unit of the executive, legislative, or judicial branch of the state; or any city, county, city and county, town, special district, school district, local improvement district, or any other kind of municipal, quasi-municipal, or public corporation.
(14) Substitute address means an address designated by the executive director or his or her designee under the address confidentiality program that is used instead of an actual address as set forth in this part 21.
Source: L. 2011: Entire part added with relocations, (HB 11-1080), ch. 256, p. 1109, � 2, effective June 2. L. 2015: (1) amended, (HB 15-1174), ch. 42, p. 104, � 3, effective March 20. L. 2023: (2) amended and (9.5) added, (SB 23-188), ch. 68, p. 248, � 18, effective April 14. L. 2024: (2) amended and (7.5) added, (HB 24-1345), ch. 317, p. 2123, � 5, effective May 31.
Editor's note: (1) This section is similar to former � 24-21-203 as it existed prior to 2011.
(2) Subsections (12) and (13) were numbered as subsections (13) and (12), respectively, in House Bill 11-1080 but were renumbered on revision to place defined terms in alphabetical order.
Cross references: For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.
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.