Review of Petition by Witness Protection Board

(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. 10.08: continued (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. (6) The Board shall meet periodically, and in no event less than four times per calendar year, in order to conduct business essential to the effective maintenance and administration of the program. These quarterly meetings shall be held in the Office of the Secretary of Public Safety or other location as designated by the Chair, and shall require the attendance of Board members or their designees. (7) Notwithstanding any general or special law or regulation to the contrary, and pursuant to the authority vested in the Board by M.G.L. c. 263A, § 9, the Board shall have the authority to relocate a critical witness to any public school, within or without the witness’s current school system, without requiring that the witness change his or her place of residence, and without regard to any waiting list or other impediment to the relocation. (8) Notwithstanding any general or special law or regulation to the contrary, and pursuant to the authority vested in the Board by M.G.L. c. 263A, § 8, the Board shall have the authority to relocate a critical witness who resides within the public housing system to another residence within the public housing system, without regard to any waiting list or other impediment to the relocation. (9) Pursuant to M.G.L. c. 236A, § 12, M.G.L. c. 30A, §§ 11A and 11A½ shall not apply to any meeting, discussion, or deliberation of the Board.