Disclosure to Law Enforcement

PURPOSE: This rule facilitates the administration of the Safe at Home Program in accordance with sections 589.660–589.681, RSMo. This rule describes the manner and process for disclosure to law enforcement. (1) A law enforcement agency requesting a program participant’s address under section 589.672, RSMo, must provide the request to the secretary. The law enforcement agency must— (A) Provide the following information in writing to the secretary: 1. The reason the address is required by that law enforcement officer or agency; 2. Identification of the specific program participant whose address is requested; 3. Identification of the individuals who will have access to the record; 4. An explanation of why the law enforcement agency cannot meet its obligations by changing its procedures or rules; and 5. Identification of the requesting individual’s direct supervisor and contact information for that supervisor; or (B) In the event of an emergency that requires immediate disclosure, as determined by the secretary, verbally provide all of the requirements of (1)(A)1.–5. as well as the emergency circumstances that necessitate the immediate disclosure of information; or (C) Submit the request on a form prescribed by the secretary. (2) The secretary shall review the request. The secretary shall attempt to notify the program participant of the request for disclosure using the last known contact information of the participant. (3) The secretary’s determination to grant or deny a disclosure request shall be based on, but not limited to, an evaluation of the information provided under this rule. (4) If the secretary determines that a law enforcement agency has a bona fide requirement for the use of a participant’s address and that the address will be used only for the purpose of satisfying that requirement, the secretary may issue a written or verbal disclosure order for the law enforcement agency. A written record shall be maintained of the facts relating to a verbal order. The secretary shall inform the program participant of the disposition of the request for disclosure using the last known contact information of the participant. When granting the request, the secretary may include: (A) Any obligation for the law enforcement agency to maintain the confidentiality of a program participant’s address information; (B) Any limitations on use and access to that address information; (C) Any term during which the disclosure is authorized for the law enforcement agency; (D) Any designation of the record format on which the address information may be maintained; (E) Any designation of an address information disposition date after which the law enforcement agency may no longer maintain a record of the address information. The law enforcement agency shall notify the secretary in writing of the disposition; and (F) Any other provisions and qualifications determined appropriate by the secretary. (5) When a program participant requests use of the designated address in a record, and the law enforcement agency has received a written disclosure order for that record from the secretary— (A) The law enforcement agency shall immediately provide a copy of the written order to the requesting program participant; and (B) The law enforcement agency shall notify the program manager of the occurrence and denial of the program participant’s request. (6) The secretary’s denial of a law enforcement agency’s disclosure request shall be made in writing and include a statement of the specific reasons therefore. (7) A law enforcement agency may seek reconsideration of the denial of its request by resubmitting its request within sixty (60) days of the issuance of a denial. The request shall be accompanied by additional information and an explanation of corrective action taken to alleviate concerns and considerations included in the secretary’s denial determination. Final administrative determination shall be made by the secretary. AUTHORITY: section 589.681, RSMo 2016.* Emergency rule filed Aug. 17, 2007, effective Aug. 28, 2007, expired Feb. 28, 2008. Original rule filed Aug. 17, 2007, effective Feb. 29, 2008. Emergency amendment filed Aug. 23, 2018, effective Sept. 2, 2018, expired Feb 28, 2019. Amended: Filed Aug. 23, 2018, effective Feb. 28, 2019. *Original authority: 589.681, RSMo 2007.