Responsibilities of the Critical Witness

(1) The critical witness must, at a minimum, sign a memorandum of understanding in which he or she agrees to undertake the following responsibilities: (a) provide complete and truthful information to law enforcement officials, and testify completely and truthfully in all appropriate proceedings; (b) not commit any crime; (c) take all precautions necessary to avoid making known his or her participation in the witness protection program, except as authorized by a prosecuting officer or the Board; 10.11: continued (d) cooperate with all requests by all officers and employees of the Commonwealth and its political subdivisions who are providing protection services at the direction of the prosecuting officer; (e) designate another person to act as an agent for the service of process; (f) make a sworn statement of all outstanding legal obligations, including obligations concerning child custody and visitation, and child support, as well as any probation or parole conditions, obligations or responsibilities; (g) undertake to comply with all court orders, legal obligations or civil judgments; (h) report his or her activities to the prosecuting officer on a regular basis. (2) Failure by the critical witness to comply with any of the terms of the memorandum of understanding may lead to termination of protection services. (3) If a witness, after being offered witness protection services, declines those services, the prosecuting officer shall request that the critical witness document that decision on a form developed and issued by the Board. If the witness refuses to memorialize his or her refusal of protection services, the prosecuting officer shall document the refusal and inform the Board within three business days of learning of the witness’s refusal that the witness has declined protection services.