Considerations for determination whether to provide certification to petitioner; content of certification

1. Upon the request of a petitioner for a certification, a certifying agency shall determine whether the petitioner: (a) Was the victim of criminal activity; and (b) Has been helpful, is being helpful or is likely to be helpful to the investigation or prosecution of the criminal activity. 2. If a certifying agency determines that a petitioner satisfies the requirements of subsection 1, the certifying official shall complete and sign the certification. A completed certification must include, without limitation, a detailed description of: (a) The nature of the criminal activity described in subsection 1; and (b) The helpfulness of a petitioner or the likeliness that a petitioner will be helpful in the investigation or prosecution of that criminal activity. 3. For the purpose of determining whether the petitioner meets the requirements of subsection 1, the certifying agency shall not consider: (a) The period of time between when the petitioner was victimized by the criminal activity and when the petitioner submitted his or her request for certification; (b) Whether there is an active investigation of the criminal activity; (c) Whether a formal statement of charges has been filed regarding the alleged criminal activity; or (d) Whether there was a prosecution or conviction of the criminal activity. 4. For the purpose of determining helpfulness pursuant to subsection 1, there is a rebuttable presumption that a petitioner has been helpful, is being helpful or is likely to be helpful to the investigation or prosecution of the criminal activity, unless the petitioner refused or failed to provide assistance that was reasonably requested by a law enforcement agency in the investigation or prosecution of that criminal activity.