Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 10.00 - Witness Protection Program › Section 10.08 - Review of Petition by Witness Protection Board

Current through Register 1525, July 5, 2024
(1) A petition for witness protection
		  services submitted by a prosecuting officer shall be distributed to the Board
		  at the earliest opportunity. The Board shall meet as often as necessary to
		  review, deliberate, and act on petitions submitted by prosecuting
		  officers.
(2) The Board may
		  approve, in whole or in part, any submitted witness protection petition. The
		  Board may also deny a witness protection petition, or may require a prosecuting
		  officer to resubmit the petition with additional information. Before acting on
		  a petition, the Board may consult with a prosecuting officer, in person or
		  otherwise, and request any additional information it deems necessary. Three or
		  more members of the Board must vote to approve a petition for witness
		  protection services. The Board's decision will be immediately communicated to
		  the prosecuting officer by the Chair of the Board or his or her
		  designee.
(3) Subject to the
		  requirements of
		  501 CMR
		  10.10(2) and (3), and
		  10.12(2),
		  an approved witness protection request shall authorize a prosecuting officer to
		  receive reimbursement up to a dollar amount specified by the Board, and for a
		  period of time determined by the Board or his or her designee.
(4) The prosecuting officer shall notify the
		  Board in writing each time a critical witness commits a breach of the
		  memorandum of understanding. Such notice shall be submitted to the Board within
		  three business days of the prosecuting officer's first learning of the breach.
		  If a breach occurs of a term of the memorandum of understanding, the
		  prosecuting officer may revoke and terminate all protective services, and shall
		  so advise the witness in writing. The prosecuting officer must notify the Board
		  in writing within three business days of his or her decision to terminate a
		  critical witness for committing a breach. If a breach occurs, the Board may
		  terminate or limit reimbursement for witness protection services, require a
		  witness to sign a new memorandum of understanding containing additional terms
		  or restrictions, or take any other action it deems necessary, as a condition of
		  continued reimbursement.
(5) In any
		  case where a prosecuting officer requires additional funds for witness
		  protection services, or must extend the length of time that witness protection
		  services are provided to a critical witness, the prosecuting officer must
		  submit a new petition for witness protection services to the Board. The
		  supplemental petition shall include:
(a) the
		  previously-filed petition;
(b) a
		  description of services provided to date,
(c) a description of funds spent to date,
		  including financial records;
(d)
		  certification that the witness is in compliance with the terms of the
		  memorandum of understanding, or that any breach of the memorandum of
		  understanding has been or is now being reported to the Board;
(e) the reason why additional witness
		  protection services are needed or have been more expensive to provide than was
		  originally estimated; and
(f) an
		  updated plan for protection services, including projected costs, method of
		  protection, and expected duration of services.