Chapter 180. Regulations Governing the Establishment and Maintenance of the Witness Protection Program
19VAC30-180-10. Program established; availability of services; advisory board.
A. The Department of State Police will establish and maintain a Witness Protection Program within the Bureau of Criminal Investigation, Criminal Intelligence Division. The program will be administered by the Commander of the Criminal Intelligence Division in compliance with § 52-35 of the Code of Virginia.
B. The services of the Witness Protection Program are available to all law-enforcement and criminal justice agencies of all counties, cities, and towns of the Commonwealth.
C. The responsibility for reviewing applications for Witness Protection Program services shall be vested in a Witness Protection Program Advisory Board to ensure proper application of program policy and procedures. The advisory board will review all applications for service under this program and will submit their recommendations to the Superintendent of State Police who will make the final determination in this matter. The advisory board will consist of one member of the Virginia Sheriffs' Association, one member of the Virginia Association of Chiefs of Police, one member of the Virginia Commonwealth's Attorneys' Services Council, the Executive Director of the Virginia State Crime Commission and one member of the Department of State Police who will be appointed by the Superintendent of State Police. Membership on the advisory board will change in accordance with a time frame established by the superintendent.
D. Advisory board members will be approved by the Superintendent of State Police. Vacancies on the advisory board will be filled by the superintendent with recommendations being presented by the membership organizations.
Statutory Authority
§ 52-35 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 14, Issue 9, eff. December 22, 1997.
19VAC30-180-20. 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.
Statutory Authority
§ 52-35 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 14, Issue 9, eff. December 22, 1997.
19VAC30-180-30. Levels of protective service.
The Witness Protection Program can fund two different levels of protective services. The level of the services afforded a witness shall be established on a case-by-case basis depending on the specific circumstances of the case.
1. Program Level 1. Witness has qualified for the program, but it is the consensus of the sponsoring agency that the witness can be protected by temporary short-term relocation or the installation of electronic security measures at the residence of the participant.
a. Level 1 protection will be for no longer than a period of 60 days and will be immediately terminated after adjudication of all involved cases, unless circumstances require a continuation of the protective services as recommended by the advisory board and approved by the Superintendent of State Police. The requesting agency will be responsible for all program arrangements except the installation of the electronic security equipment which will be handled by the Criminal Intelligence Division's Technical Support Unit.
b. Level 1 protection is limited to $2,000 for each 30-day period and all expenditures will be in compliance with the provisions of 19VAC30-180-40.
c. All program funds for Level 1 protection will be issued on a signed receipt to the requesting agency for the witness.
d. The requesting agency will be responsible for disbursement of program funds and for obtaining a receipt or to have the witness obtain a receipt for all expenditures of program funds.
e. All unexpended funds will be returned to the program by the requesting agency within 72 hours of the conclusion of protective services.
f. A detailed accounting of expended funds will be submitted to the Witness Protection Program Administrator every 30 days by the requesting agency.
g. Any misuse of Witness Protection Program funds may result in the termination of program services and reimbursement by the requesting agency of all misused funds to the Witness Protection Program.
2. Program Level 2. Witness has qualified for the program and it is determined that a temporary relocation is warranted.
a. Level 2 protection will be for no longer than a period of 60 days and will be immediately terminated after adjudication of all involved cases, unless circumstances require a continuation of protective services as recommended by the advisory board and approved by the superintendent.
b. Arrangements for living conditions will be made by the requesting agency at a location determined to be secure and will remain in effect in keeping with the guidelines of 19VAC30-180-20 and 19VAC30-180-40.
Statutory Authority
§ 52-35 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 14, Issue 9, eff. December 22, 1997.
19VAC30-180-40. Authorized expenses; availability of service; crimes covered.
A. The Witness Protection Program funds may be used for the following witness expenses only:
1. Reasonable lodging expenses.
2. Reimbursement of reasonable, related, uninsured/unreimbursed medical expenses.
3. Vehicle/transportation expenses.
4. Installation of systems and devices necessary to fulfill protective services.
5. Meals or food for the program participants only.
6. Personal expenses as they relate to the personal hygiene of the participant.
7. Reasonable incidental expenses.
8. Authorized relocation expenses.
B. The service of the Witness Protection Program will be available as long as it is adequately funded. If the program continues to be funded, the data from the initial cases will be analyzed to determine if time constraints can be expanded to increase the effectiveness of the Witness Protection Program.
C. The Witness Protection Program can be utilized for assistance involving serious violent crimes defined by Articles 1, 2, 3, 4, 5, 6, and 7 of Chapter 4 (§ 18.2-30 et seq.) of Title 18.2 of the Code of Virginia and felony violations listed in § 18.2-248 of the Code of Virginia.
Statutory Authority
§ 52-35 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 14, Issue 9, eff. December 22, 1997.
Forms (19VAC30-180)
Memorandum of Understanding, Eff. 12/97.