CRIMINOLOGY 208, 227-.All requests must include the following information:witness needs to be admitted to protection programme. Insulated Violence: Federal Liabilityfor ll/egal Conduct in the Witness Protection Program, 76 J. Levin, Organized Crime and. The purpose of the program is to encourage. In 1971, WITSEC began its operation and since that year, it has served more than 18,000 individuals. The United States Marshall Service Witness Security Program (WITSEC), more commonly known as the Witness Protection Program, was created in 1970 with the passage of the Organized Crime Control Act.

This may involve temporary or long-term relocation. The unit is able to take any action that is necessary and reasonable to protect the safety and welfare of a witness, their partner or a member of their family. The Witness Protection Program is run by the Victoria Police Witness Security Unit. Attach copies of witness's record of arrests and convictions, if any.The case has helped illuminate the secretive world of the witness-protection program, and in particular the storied agency's latest challenge: learning to protect a new generation of witnesses who. Name, address, date and place of birth, sex, race, citizenship, and FBI or state identification numbers of witness. Australia The Witness Protection Act (1994) established the National Witness Protection Programme of the country.Identification of the Witness.

List all cases in which the witness is expected to testify. Copies of indictments, complaints, prosecutive memoranda, etc., must be attached fully describing the nature of the case. A summary of the testimony to be provided by the witness, as well as why it is significant and essential to a successful prosecution.

Include any individuals incarcerated who may pose a threat to the witness in prison and upon the witness's release. If not available, so indicate. Include complete names and addresses and request the investigative agency to forward photographs of each, if available, to OEO. List all individuals known or believed by the USA and investigative agent to pose a threat to the witness.

In order to effect the transfer, the appropriate State authorities must provide written consent to the jurisdiction change. If the witness and/or any household members are on State parole or probation, jurisdiction must be transferred to the United States Parole Commission (USPC). Indicate any parole or probation restrictions for the witness and members of his/her household. A complete recitation of all medical problems experienced by the witness and members of his/her household, including any history of drug (legal or illegal) or alcohol abuse.Parole/Probation. List by name, date and place of birth, and relationship to the witness, those persons recommended for relocation.Medical Problems. The agency's headquarters will forward the report, along with its recommendation as to whether the witness should receive Program services, to OEO.Members of Witness's Household.

The USMS will arrange for these court-ordered visits and pay the travel costs associated with the visits. If the child's non-Program natural parent has court-ordered visitation rights with that child, that parent would have to agree (via affidavit), to the child being relocated, the child's name being changed, and modification of the existing visitation arrangements in accordance with the USMS visitation requirements, which allow twelve visits per year (usually one per month). All above-mentioned child custody required documents must be submitted to OEO or to the USMS prior to the child being relocated.An individual entering the Program must have court-ordered custody of a child in order for the child to enter the Program. If the non-Program parent cannot be found, the case agent must submit an affidavit advising that a thorough search for the individual was conducted and he/she could not be located. Note: If a State is unable or unwilling to completely transfer supervision and jurisdiction of the witness to the USPC, the Program application will be denied.For an individual on State parole, the following documents must be obtained by the prosecutor or investigative agency and forwarded to the USPC before relocation can occur:Pre-sentence or background report detailing the circumstances of the instant offense and prior criminal conviction history A sentence data record indicating the type and length of sentence imposed by the State court A signed parole or release certificate andAll available institutional materials such as progress reports and classification materials.For a State probationer, the following documents must be obtained:Pre-sentence or background report providing a description of the instant offense and prior criminal conviction history The Order of Probation from the State court indicating the sentence or probation imposed andSigned conditions of release and any other pertinent materials.In addition, in order to comply with the provisions of the Witness Security Reform Act of 1984, the following information must be supplied for all witnesses:The possible danger the witness and/or adult family members pose to other persons or property in the relocation area if placed in the Program, with complete explanation.Whether or not the need for the witness's testimony outweighs the risk of danger the witness or adult family members may pose to the public and why.What alternatives to Program use were considered and why they will not work.Whether there are any child custody problems associated with the relocation of the witness or adult family members.It is the responsibility of the prosecutor or case agent to obtain the necessary court orders or affidavits concerning child custody. It is the responsibility of the prosecutor or agent to provide the form to State authorities.

However, if the non-Program parent chooses to fight the order through the State courts and wins custody, the child will not be allowed to remain in the Program. If the non-Program parent who has court-ordered visitation rights is unapproachable, as indicated above, a Federal court order must be obtained, which would allow the child to be relocated. If the non-Program parent is unapproachable (either a defendant in the investigation or dangerous), then notification can be waived by OEO until after relocation of the child.