1. (a) Application required. To be considered for support under the Program, a witness seeking support under the Program shall complete an application using the Office’s prescribed form.
2. (b) Required forms. A witness seeking support under the Program shall also sign and attach to the Application for Support Services a Memorandum of Understanding using the approved form. In the event any immediate family members over the age of eighteen (18) years of age will also be seeking support 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. The VASU is authorized to assist any applicant with completing the required forms.
3. (c) Declaration of applicant. Each applicant shall subscribe to the following declaration under the 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."
4. (d) Availability of Program forms. Copies of all approved program forms may be obtained by a witness from:
5. (1) A victim witness coordinator for a local district attorney,
6. (2) The Office’s website, or
7. (3) In person at the Office.
8. (e) Initial review. An Application for Support Services, upon completion and together with all attachments, shall initially be submitted to and reviewed by the Prosecuting 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 criminal background check regarding the applicant witness and any other person seeking support services in connection to the witness. The criminal background check shall include a query of the Interstate Identification Index and the National Fingerprint File Program.
9. (f) Processing applications. Upon completion and review by the Prosecuting Attorney, all Applications for Support Services shall be submitted to the VASU for processing. The VSU shall prepare and attach to the Application an itemized calculation of support needed by the witness or immediate family.
10. (g) Applicants not entitled to support. Support under the Program is not an entitlement. Participation in the Program is subject to the approval and discretion of the Attorney General of Oklahoma or his or her designee based upon demonstrated need in the application and other required forms and the actual availability of funds.
11. (h) Expectation of employment. An adult relocated program participant shall ordinarily be expected to promptly establish employment in the place of relocation.
12. (i) Duration of support. 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, or until the witness becomes locally employed and capable of self-support, whichever is shorter. Any extension of support beyond this period shall require submission and approval of a new application.
13. (j) Strict compliance. Any award of support under the Program shall always be conditioned upon the participant’s strict compliance with all of the Program requirements set forth in the memorandum of understanding.
14. (k) Termination. In accordance with the grounds provided below, the Prosecuting Attorney may initiate termination of a participant’s participation in the Program. The Prosecuting Attorney shall provide a participant with written notice of the Prosecuting Attorney’s intent to initiate termination prior to doing so. The grounds for termination include:
15. (1) Engages in criminal conduct which violates the criminal laws of the United States or any state;
16. (2) Provides incomplete or false information to relevant law enforcement officers related to relevant investigations or proceedings;
17. (3) Failure to comply with legal obligations or civil judgments against the participant;
18. (4) Failure to cooperate with reasonable requests of any law enforcement officer, employees of the State, or the Prosecuting Attorney;
19. (5) Takes action or actions willfully and knowingly to be detected by others or making it known to others the witness’s participation in the Program, receipt of support, or protection services;
20. (6) Failure to promptly seek and obtain regular employment in the participant’s place of relocation, unless:
21. (A) The participant cannot perform basic life tasks,
22. (B) The participant cannot be employed due to safety concerns, or
23. (C) Exigent circumstances exist that make employment either dangerous to the participant or officers providing protection, or impracticable.
24. (l) Delivery of support payments. 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 VASU. 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.
25. (m) Support payment reporting. Prior to trial in a case, and at such other times determined to be necessary, the case investigator shall prepare a written report disclosing all support payments made by the Program to a witness including the amounts, dates of support payments, and reason for the support payment. The case investigator shall provide the report to the Prosecuting Attorney and to the VASU.
26. (n) Availability of funds. Payment for all approved Support shall be from available funds deposited to the Attorney General's Evidence Fund or from funds received from any federal grants awarded for the Program's operations. The determination of availability of funds shall be within the sole judgment of the Attorney General or his or her designee.
27. (o) Non-discrimination policy. The Office will not unlawfully discriminate on the basis of race, sex, color, age, religion, creed, political affiliation, disability, or national origin in administering the Program.

Added at 31 Ok Reg 839, eff 9-12-14

Amended at 43 Ok Reg, Number 18, effective 6-11-26