Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 35 - Oklahoma Witness Protection Program › Subchapter 1 - Oklahoma Witness Protection Program › Section 75:35-1-5 - Administration and Procedure

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Programshall be administered pursuant to these Rules by the Victims Services
				Unit of the Oklahoma Office of Attorney General.
(b) A witness seeking Support under the
				Program shall complete an Application for Support Services using the approved
				form, See
				75:35-1-7.
(c) A witness seeking Support under the
				Program shall also approve and attach to the Application for Support Services a
				Memorandum of Understanding using the approved form, See
				75:35-1-7. In the
				event any immediate family members over the age of eighteen (18) years of age
				will also be seeking Support services in connection to the witness, such
				persons must also separately approve and sign a Memorandum of Understanding
				that must also be attached to the witness'Application for Support Services .
				All persons making application for Support services shall subscribe the
				following statement under penalty of perjury: "I am either a citizen of the
				United States or am a qualified alien under the federal Immigration and
				Nationality Act, and accordingly I am lawfully present in the United
				States."
(d) Copies of all approved
				program forms may be obtained by a witness:
(1) through the Victim Witness Coordinator of
				the local Office of District Attorney,
(2) through a posting on the website of the
				Office of Attorney General.
(3) An
				Application for Support Services, upon completion and together with all
				attachments, shall initially be submitted to and reviewed by theProsecuting
				Attorney who shall either recommend approval or rejection of the application
				based upon the facts known to the Prosecuting Attorney that have been developed
				in the investigation for which the applicant is a witness and the
				suspect/defendant is shown to be a dangerous perpetrator. The Prosecuting
				Attorney shall attach either an investigation report(s) or witness summary
				factually showing the applicant to be a material witness to an offense
				involving a dangerous perpetrator. The Prosecuting Attorney shall also attach a
				Triple I criminal background check regarding the applicant witness and any
				other person seeking support services in connection to the witness.
(4) Upon completion and review by the
				Prosecuting Attorney, all Applications for Support Services shall be submitted
				to the Unit Chief for the VSU for processing pursuant to these Rules. The VSU
				shall prepare and attach to the Application an itemized calculation of Support
				needed by the witness and/or immediate family.
(5) The award of Support under the Program is
				not an entitlement, but may be approved at the discretion of the Attorney
				General of Oklahoma or the First Assistant Attorney General as based upon need
				demonstrated in the Application for Support Services together with its
				attachments and the actual availability of funds. An adult relocated program
				participant shall ordinarily be expected to promptly establish employment in
				the place of relocation. Except under extraordinary circumstances approved
				solely at the discretion of the Office of Attorney General, an adult program
				participant shall not receive Support in either per diem living expenses nor
				rent for any period more than six (6) months from the date of the approval of
				an Application for Support Services, or until the witness becomes locally
				employed and capable of self-support, whichever is shorter. Any extension
				ofSupport beyond this period shall require submission and approval of a new
				Application for Support Services .
(6) Any award of Support under the Program
				shall always be conditioned upon the strict compliance by the program
				participant to all of the requirements set forth in the Memorandums of
				Understanding attached to the participant's Application for Support Services,
				as determined by Office of Attorney General.
(7) All Support paid directly to a witness
				under the Program shall ordinarily be in the form of currency that shall
				ordinarily be delivered in person to the program participant by a case
				investigator. Alternatively, payments of currency made directly to a witness as
				Support may be delivered through a person approved by the Unit Chief of the VSU
				. Payment of Support may also be paid directly to a private provider of
				services when such payment is determined by the Office of Attorney General to
				be advisable. Documentation of the payment of Support to a program participant
				shall always be made in the form of a written receipt signed by the program
				participant in the presence of the case investigator or approved designee who
				shall also certify thereon the payment's date of delivery, See
				75:35-1-7.
(8) Prior to trial in the case, and at such
				other times determined to be necessary, the case investigator shall prepare a
				report in writing disclosing all Support payments made by the Program to the
				witness by amount, date, and reason for the payment, shall transmit a copy of
				the report to the prosecuting attorney in the case, and provide a copy thereof
				to the Unit Chief of the VSU of the Office of Attorney General.
(9) Payment for all approved Support shall be
				from available funds deposited to the Attorney General's Evidence Fund, Title
				74 O.S. 2012, §
										19,
				or from funds received from any federal grants awarded for the operation of the
				Program , See 74 O.S.Supp. 2012, §18p-10(A). Determination of the
				availability of funds shall be within the sole judgment of the Attorney General
				or the First Assistant Attorney General reviewing the application.
(10) In the administration of the Program,
				the Office of Attorney General will not unlawfully discriminate on the basis of
				race, sex, color, age, religion, creed, political affiliation, disability, or
				national origin.