Title 9 Part 6171

A victim of or a witness to a crime who has the need for witness protection program services.

Any person related to such person within the third degree of consanguinity or affinity; any person maintaining a sexual relationship with such person; or any person residing in the same household with such person.

A partnership, corporation, association, municipality, governmental agency, public or private organization of any character, including but not limited to a police agency, the office of district attorney, or a victim-witness assistance program, who provides one or more program services as defined by this Part.

Those services necessary for the prevention of intimidation and the protection of an eligible witness which may include, but shall not be limited to: temporary relocation, changes in employment, transportation to and from court, moving assistance, personal protection services, temporary lodging and support services. Program services shall also mean services provided to the family of an eligible witness where and to the extent appropriate to achieve or maintain their security. The provider agencies shall consider, among other factors, whether providing witness protection program services is likely to ensure the availability of victims or witnesses to provide information to law enforcement in the investigation and/or prosecution of the relevant crime or crimes.

Preference will be given to victim service agencies that provide those services, including but not limited to temporary relocation, changes in employment, transportation to and from court, moving assistance, temporary lodging and support services necessary for the prevention of intimidation and protection of eligible witnesses.

Funds provided to successful applicants under this program shall be used to augment, not to supplant, applicant's current funding for victim assistance or witness protection services.

Payment of funds pursuant to this Part shall be made pursuant to contract entered into between the Division of Criminal Justice Services and the award recipient service provider agency.

Information, files and records created pursuant to this Part in the possession of provider agencies and related solely to service provided by such agency are confidential and may not be disclosed by any person. Such information, files and records are not subject to disclosure in any judicial or administrative proceeding unless the court in which the criminal proceeding is pending or was disposed of, upon notice to the district attorney and an opportunity to be heard, determines that such disclosure would not endanger the health, welfare or safety of the witness or the family of the witness and is compelled by the interests of justice.

Nothing contained in this Part shall impose liability upon the commissioner of the Division of Criminal Justice Services, the Crime Victims Board or the State for death, injury or loss incurred by eligible witnesses or their families while such persons are receiving program service through the witness protection program.