California Witness Relocation & Assistance Program

Transcription

1 California Witness Relocation & Assistance Program (CAL WRAP) Presented by Kimberly Brewer, Program Analyst Bureau of Investigation and Intelligence 1

2 Agenda Program Overview Witness Eligibility Applying for Funding Witness Services Witness Identity Change Reimbursements 2006 Questionnaire Survey Program Statistics New Witness Services Program Overview AB (Robert M. Hertzberg) Codified in P.C. Sections et. seq. Program started -- January 1, 1998 Administered through the AG s Office $4.9 million annual budget 2

3 Program Overview Program designed to assist Local District Attorney s Offices in prosecutions Gang-related, Organized Crime, and Narcotics Cases are given priority Any case that has a High Degree of Risk to the witness may also qualify Mission of CAL WRAP The relocation of witnesses and their families, friends, or associates who are endangered due to ongoing or anticipated testimony, whether or not formal legal proceedings have been filed 3

4 Witness Eligibility Witness Has Been Summoned -- or is Reasonably Expected to be Summoned -- to Testify in a Criminal Matter Credible Evidence of Substantial Danger --that the Witness May Suffer Intimidation or Retaliatory Violence Witness must sign and comply with the conditions listed in the Witness Agreement form Witness Agreement PC (a) Testify truthfully... (b) Obey all laws... (c) Take all necessary steps to avoid detection (d) Refrain from return to threat area (e) Comply with all legal obligations (e) Cooperate with all reasonable requests from law enforcement 4

5 Who Qualifies Criminal Informants if they are not actively serving as informants in a criminal i matter Parolees and Probationers In-custody witness If family members of in-custody witnesses have been threatened, or there is a high probability of harm due to the anticipated testimony of the witness, the family members can also be relocated 5

6 Witnesses who are also victims may also be eligible for victim/witness funds Witness/victims can participate in both programs as long as there is not a duplication of services provided Applying for Funding CAL WRAP Application Form (CAL WRAP 1) Pertinent Case Information Arrest Reports, etc. Reports to substantiate the threat Information on Defendants Information on Witness(s) & family members CAL WRAP will notify with 1 to 3 days 6

7 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE CALIFORNIA WITNESS PROTECTION PROGRAM APPLICATION Date: I. REQUESTING PROSECUTORIAL OFFICE Local or State Prosecutorial Office Mail to: California Department of Justice California Bureau of Investigation/CWPP P.O. Box Sacramento, CA Attn: CWPP Analyst Prosecutorial Representative Office: XXXX District Attorney s Office Business Address: Somewhere, CA Name/Title: John Doe, Commander Address: Same Phone #: Phone #: (999) (999) Agency Case #: Investigating Officer or Coordinator: Somewhere SO # II. CASE INFORMATION Elmer Fudd, DA Investigator Briefly describe the case in which the witness is testifying; and explain how it constitutes a gang-related crime, organized crime, narcotic trafficking crime, or some other crime that creates a high degree of risk to the witness. If possible, attach the crime report. If more room is necessary, please type on additional page and attach. On 7/1/06, members of the Daffey DuckCrips were spray painting in the Road Runner Bloods area. The victim, Member of the Daffey Duck Crips, was shot and killed as a result of the confrontation with the Road Runner Bloods. Has a complaint been filed? Yes, No. If no, does the submitting agency intend to seek a complaint or indictment? Court Docket No: D Court Case Name: People vs. Yosemite Sam Defendants Being Prosecuted DOB CII Charges Filed In Custody Yes/No Yosemite Sam 4/05/30 A PC Yes III. THREAT INFORMATION What credible evidence exists of a substantial danger to the witness, such that he/she may suffer intimidation or retaliatory violence? The witness lives in the area where the shooting occurred. He and his wife are also living with his sister who is a member of the Bloods, but not of the Road Runner Bloods. The witness has been chased by members of the Road Runner Bloods and has been threatened for cooperating with the Sheriff s Dept. The witness is requesting relocation for his protection. The detective believes the relocation is necessary to protect the witness due to the violent history of this gang to carry out retaliations against snitches. CWPP-1 (7/06) (Page 1 of 2) IV. WITNESS INFORMATION NAME (1) NAME (2) Mickey Mouse AKA AKA DOB 1/01/33 CII DOB CII CDL CDL List family, friends, or associates who will also be protected: NAME DOB RELATIONSHIP TO WITNESS Minnie Mouse 3/3/34 V. WITNESS ASSISTANCE NEEDED Period of Performance (three-month limit): Beginning date: 7/1/06 Ending date: 9/30/06 Essential Expenses Requested Financial Assistance Received by Wit(s) Relocation $ $ Salary $ /mo. Temporary Lodging $ /day for 30 days $ 2, Child Support $ mo. Meals $ /day for 30 days $ Disability $ /mo. Incidentals $ /day for days $ Welfare $ /mo. Apartment $ 1, /mo. for 1 mos. $ 1, Other (explain) $ /mo. Meals $ /mo. for 1 mos. $ Total Amount $ /mo. Utilities $ /mo. for mos $ Incidentals $ /mo. for mos. $ Monthly Debts $ /mo. Deposits (rent/utils) $ $ Total Amount $ 5, Is the witness currently receiving financial assistance from any other governmental program? Yes No If yes, please identify the agency and describe the assistance: Prosecutorial Official ( signature) Date Approved Disapproved FOR CWPP PROGRAM USE ONLY CWPP Analyst Date CWPP Manager Date CWPP-1 (7/06) (Page 2 of 2) 7

8 How Long is Funding? As long as the witness is expected to testify Initial Agreement is (6) six months Budget is determined by type and length of housing, relocation costs and other needs Assistance may be terminated if witness does not comply with Witness Agreement 8

9 Witness Safety Website outs known informants, snitches, etc. Witness Services Armed Protection Overtime Relocation Expenses Housing Expenses Basic Living Expenses Medical and Psychological Needs Drug or Alcohol Facility Miscellaneous Expenses Expenses to Establish a New Identity Other Services 9

10 Armed Protection or Escort While the witness is at their residence, hotel, or semi-permanent lodging Preliminary hearing or court testimony During the relocation of the witness Will pay for law enforcement overtime only Relocation Expenses Choose an area that ensures a safe location for your witness Program will pay for: movers or U-haul truck and mileage storage facility 10

11 Housing Expenses Temporary Lodging Motel/Hotel $ 89 Per Day + Tax Meals $30 Witness $ 30 Spouse $ 20 Ea. child Incidentals $ 6 Max. p/day wit. $ 6 Ea. family member 11

12 Semi-Permanent Lodging Rental Allowance $1,500 Max. p/month Food Allowance $350 Witness $150 Spouse $100 Each child Utilities $ (receipts required) Incidentals $100 Witness $ 25 Ea. Family mem. Rental Deposits $750 w/o tracking Local Protection When a witness owns their own home Program pays mortgage for up to three months, and Will also provide for housing for the witness in a safe location 12

13 Permanent Relocation At the end of the witness s testimony they can move a final time. At that point the program will pay for any relocation costs, deposits and up to 6 months of housing costs. Basic Living Expenses Meals Rates determined by type of relocation Utility costs Must be substantiated by receipts Incidentals Hygiene needs, newspaper, laundry costs 13

14 Medical/Psychological Needs If the witness cannot qualify for local medical or Psychological services, the program will cover those expenses. Dental needs under emergency situations Tattoo removal - case by case basis - Drug or Alcohol Facility The program will reimburse for the expenses for drug or alcohol rehab facility if the expenses do not exceed the normal semi-permanent lodging rates 14

15 New Witness Services On October 11, 2007, SB 594 was signed into law. This bill added d Support, advocacy and other services to provide for witnesses safe transition into a new environment. The program may reimburse for the cost of tuition for a trade school, occupational training, or GED on a case-by by-case basis Miscellaneous Expenses (con t) Basic Household Items - $500 Clothing Needs - $150 p/person Auto Repairs - $500 15

16 Services Not Covered by Program Purchase of real property Damages to hotels/motels or rental property Purchase of security systems Financial obligations or prior debts Child or spousal support Witness Identity Change This program will cover the expenses involved in changing a witness s s identity AG s office established a protocol to assist agencies with the identity change process Brian Smiley, DAG, (916) Marlene Aprile, (916)

17 Reimbursements WE ARE NOT A GRANT PROGRAM! All agency expenditures are incurred on a reimbursement basis Approximately four to six weeks to receive reimbursement check 25% Local Match Requirement REQUIRED ON ALL NEW CASES APPROVED AS OF JANUARY 1, Any case that t falls under the local l match requirement must have at least a 25% match of in-kind agency services or expenses submitted with each expenditure claim. Be sure to keep track of your time!!! The following applies: Law enforcement and support staff regular and OT hours devoted to a case Agency vehicle mileage expenses 17

18 Closure of Case At End of Contract At end of witness s testimony can assist witness up to 6 months after final testimony By Request of Agency CAL WRAP Questionnaire Requested at closure of case Assists the program in evaluating its effectiveness 18

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20 2006 Questionnaire Survey 2,076 questionnaires returned (81%) Represented 2,605 defendants d 80% were convicted (2,090) 8% were dismissed 8% of the cases are still pending 2% were found not guilty 1% were acquitted 1% hung jury 20

21 Sentences Of the 2,090 convicted defendants 20 - death penalty life w/o parole 1,944-9 months to 150 years in state prison CAL WRAP Statistics 21

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23 Case Statistics TOP 15 USERS DA Office Cases Wits Fam Alameda Contra Costa Fresno Kern Los Angeles Monterey Orange Riverside Sacramento San Bernardino San Diego San Francisco San Joaquin Stanislaus Ventura

24 WORDS OF ENCOURAGEMENT 24

25 Manual & Special Reports 25

26 Where to get More Information Witness Relocation & Assistance Program Bureau of Investigation and Intelligence Wk # (916) Fax # (916) Address: judy.cornick@doj.ca.gov ca Address: kimberly.brewer@doj.ca.gov 26

27 ** THE END ** QUESTIONS?? 27