Responsibilities of Prosecuting Officer

(1) The prosecuting officer must, at a minimum, sign a memorandum of understanding in which he or she agrees to undertake the following responsibilities: (a) provide the witness with the names and telephone numbers of the prosecuting officer or law enforcement personnel to contact if the witness has questions or concerns related to the protection services or the witness’s safety; (b) certify that the protection services requested by the prosecuting officer and authorized by the Board will be provided to the witness; and (c) establish procedures to be followed if, in the determination of the prosecuting officer, the witness has committed a breach of the agreement. (2) Subject to the requirements of 501 CMR 10.10(3), the prosecuting officer must certify that: (a) he or she has taken reasonable and appropriate steps to monitor the conduct of the critical witness; (b) to the best of his or her knowledge and belief, the critical 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. The Board shall develop certification forms to accompany reimbursement requests by prosecuting officers.