Okla. Admin. Code § 75:35-1-5

Current through Vol. 42, No. 4, November 1, 2024

Section 75:35-1-5 - Administration and Procedure

(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.

Okla. Admin. Code § 75:35-1-5

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014