Emergency Authorization

If a prosecuting officer determines that there is an imminent threat to the safety of a critical witness, the prosecuting officer may take any reasonable, appropriate temporary action he or she deems necessary to protect the safety of the witness without prior approval of the Board. In order to obtain reimbursement for expenses incurred in providing emergency protection services, the prosecuting officer must notify the Board of the action taken and the related costs as soon as it is reasonably practical to do so, and in no event longer than 48 hours after the prosecuting officer begins expending funds for emergency witness protection services. Within 14 days of expending funds for emergency witness protection services, or within a period of time set by the Board, the prosecuting officer shall file with the Board a petition for witness protection services which includes all of the information detailed in 501 CMR 10.06, as well as an explanation of the exigent circumstances which required the prosecuting officer to act to secure the safety of the witness, the emergency witness protection services provided to date, and the amount of funds expended to provide emergency witness protection. Any costs incurred by a prosecuting officer on an emergency basis which the Board determines, by a vote of three or more members, are otherwise in compliance with 501 CMR 10.00 and which are communicated to the Board in compliance with the terms of 501 CMR 10.09 may be reimbursed, in whole or in part.