This information is intended for use by District Attorneys only. It is not intended for public use.
Pursuant to § 24-33.5-106 C.R.S., the Javad Marshall-Fields – Vivian Wolfe Witness Protection Program is a financial assistance fund established to provide for the security and protection of prosecution witnesses, their immediate family members, or close associates who are considered endangered due to ongoing or anticipated testimony whether or not formal legal proceedings have been filed. In connection with providing for the security and protection of witnesses, the Witness Protection Board (WPB) may fund any action the board determines to be necessary to protect such person from bodily injury or to assure the person’s health, safety, and welfare for as long as, in the judgment of the board, such danger exists. In exercising such discretion, the WPB will necessarily apply certain criteria and guidelines.
This program offers short term and emergency financial assistance in high risk situations and is not designed or intended as a long-term relocation or new identity program. The program will provide for these services as deemed necessary by the WPB for as long as the witness is expected to be subpoenaed to testify, and in some cases, as may be necessary up to and including the date of sentencing. However, it will be presumed by the WPB, that no request shall be made or approved for a period of more than 180 days without the submission of a renewed request and justification for further reimbursement unless otherwise determined by the WPB based upon case specifics. It is anticipated and expected that those participants in the program who are physically capable of employment shall be employed and shall support themselves once any temporary assistance has been provided to assist in their relocation.
No application for reimbursement shall be accepted if submitted more than 180 days after the date of the testimony provided or the resolution of the case in which the witness is named, whichever occurs earlier, unless otherwise determined by the WPB based on case specifics.
Please use this District Attorney Submission Form to submit for reimbursement.
- In making such determinations the WPB will apply the following guidelines and criteria
1. There must be certification, as required by the online reimbursement application form (wpsubmittal.zendesk.com), by an agent of a law enforcement agency or District Attorney’s office regarding the existence of a credible threat of substantial danger to the witness.
2. The WPB will reimburse the District Attorney’s office that paid the expenditures on a case-by-case basis for the protection, relocation and temporary living expenses of witnesses. Presumptively reimbursable expenses shall include, but not be limited to, the following:
Reasonable temporary moving expenses related to the relocation to an alternate residence, generally for no longer than 90 days.
Reasonable temporary assistance with housing expenses, generally for no longer than 90 days.
Reasonable temporary assistance with basic living expenses to include basic utilities (water, sewer, gas, electric and basic telephone charges if deemed necessary by the WPB), generally for no longer than 90 days.
Local transportation to and from any law enforcement office, prosecutorial office, or court.
Meal Allowance will be provided in accordance with state approved rates.
Incidental necessities including non-food items such as hygiene products, laundry, diapers, or as determined by the WPB.
3. The WPB will not reimburse for the following expenditures without prior approval by the WPB as determined on a case-by-case basis and need assessment:
Any damage to property caused by a participant in the program when they are staying in accommodations for which the WPB is providing or has approved reimbursement
Any security or damage deposits required by landlords.
Any expenditures for non-essential or non-emergency type items such as, but not limited to, vehicles, appliances, electronics, televisions, toys, games, alcoholic beverages, cigarettes or other tobacco products, movies or other entertainment costs
Any long-distance phone charges without prior approval of the WPB
Any travel not directly related to the participant’s safety and/or initial obligations to the prosecutorial office, any law enforcement office, or court.
Financial obligations and prior debts of the witness or family members
Child and/or spousal support
Attorney’s fees
Due to the inability to accurately verify appropriate usage and track expenses, the WPB will not reimburse for the cost of gift cards. However, should the District Attorney’s Office wish to provide witnesses with a gift card in lieu of cash or another form of payment for groceries/incidentals, the WPB may authorize reimbursement of any reasonable expenditures for which a receipt is provided, itemizing any purchases made. Similarly, cash expenditures will only be reimbursed when receipts are provided.
- Presumptive Reimbursement Threshold
In order to responsibly allocate the limited annual funding available, the WPB has determined that reimbursement on a single case will be presumptively limited to an aggregate amount of $5,000. The WPB maintains the ability to exceed this amount in exceptional circumstances and on a case by case basis.
- Confidentiality of Records
All information relating to persons participating in the Javad Marshall-Fields and Vivian Wolfe Witness Protection Program shall remain confidential and is not subject to disclosure pursuant to the Colorado Open Records Act.
To further facilitate such confidentiality, applicants, board members, and other stakeholders are instructed to utilize discretion in any written communication outside of the wpsubmittal.zendesk.com system. E-mail communication in particular should not include the names or personal information of any protected parties, and the program itself should simply be referred to as “wp.”
- Exclusions/Restrictions
No reimbursement for active confidential informants.
Confidential Informants are not eligible for participation in Colorado’s Witness Protection Program. Informants are the responsibility of the Investigative agency.
No reimbursement for ongoing travel for testimony.
Witness Protection Program funds are intended to ensure the safety of a witness, and are not intended to fund/reimburse the ongoing cost of transporting a witness to and from court proceedings.
No reimbursement for damage caused by police intervention in order to affect an arrest.
Such expenses are admittedly burdensome, but fall outside the program’s mandate to ‘provide for the security and protection of prosecution witnesses.’
Reimbursement of hotel/living expenses is limited to expenses that are modestly priced based on current market standards. While the board recognizes that higher than normal hotel expenses may occasionally be required on very short notice stays of limited duration, reimbursement for longer term stays will be limited to more modest accommodations and moderately priced market rates.