Section 20. Eligibility for program; applications; emergencies

A. The Witness Protection Program will assist only those witnesses and their families who may be in danger because of their cooperation with the investigation and prosecution of cooperating in serious violent crimes or felony violations of § 18.2-248 of the Code of Virginia.

B. Applications for witness protection services must be made in writing by the requesting agency head to the superintendent on a form prepared by the superintendent. The application will set forth the following criteria:

1. Full identification of the person or persons that require witness protective services. This will include family, medical, financial and criminal history information.

2. A brief description of the investigation, including the offense and section of the Code of Virginia being used for prosecution, what the witness will testify to, and why the information cannot be obtained through other means.

3. Description/discussion of threats made against witness protection candidate.

4. Full identification of all persons involved in the threat against the witness protection candidate.

5. Estimated length of time the witness protection candidate will require services.

6. Full description of type of witness protection service determined.

7. Itemization of anticipated costs related to the protective services.

C. In addition to providing the above information, the requesting agency head must complete a Memorandum of Understanding with the Department of State Police.

D. In emergency situations the superintendent may waive the requirement for the written application submission set forth in this section. In these instances the original application can be made verbally and, if approved, followed up by the written application within 48 hours of the approval. Failure to submit a written application within the required time frame may result in the suspension or termination of all protective services.

Historical Notes

Derived from Volume 14, Issue 09, eff. December 22, 1997.

Statutory Authority

§ 52-35 of the Code of Virginia.