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  • PART IV CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES
  • TITLE I CRIMES AND PUNISHMENTS
  • CHAPTER 263A WITNESS PROTECTION IN CRIMINAL MATTERS
  • Section 6 Written memorandum of understanding; persons required to sign; contents

Section 6. Before providing witness protection services to any critical witness under this chapter, except where it is determined that temporary protective services are necessary pursuant to section 4, the prosecuting officer shall enter into a written memorandum of understanding with such witness. If temporary protective services have been provided pursuant to section 4, a written memorandum of understanding shall be entered into as soon as practicable. The written memorandum of understanding shall be signed by: the prosecuting officer or his designee; the witness to be afforded protective services; the witness’ guardian if the witness is a minor; and the witness’; attorney if the witness is represented by counsel. Such written memorandum of understanding shall not be considered a grant of immunity. The written memorandum of understanding shall include:—

(a) The responsibilities agreed to by the witness while receiving protective services, shall include, but not limited to, an agreement to:—

(i) provide complete and truthful information to all relevant law enforcement officials related to all relevant investigations, and to testify completely and truthfully in all appropriate proceedings;

(ii) not commit any crime;

(iii) take all necessary precautions to avoid making known to others his participation in the witness protection program or the provision of protective services under such program;

(iv) comply with any legal obligations or civil judgments against the witness;

(v) cooperate with all reasonable requests of officers and employees of the commonwealth who are providing protective services under this chapter;

(vi) designate another person to act as an agent for the service of process. Under no circumstances shall the person so designated be an employee of the prosecuting officer or other law enforcement agency, or be a member of or perform duties on behalf of the witness protection board;

(vii) make a sworn statement of all outstanding legal obligations, including obligations concerning child custody and visitation, and child support;

(viii) disclose any probation or parole conditions, obligations, or responsibilities; and

(ix) regularly inform the prosecuting officer of the activities and current address of the witness.

(b) The responsibilities agreed to by the commonwealth while providing protective services shall include, but not be limited to:

(i) The names and telephone numbers of representatives of the prosecuting officer or law enforcement personnel to contact if the witness has questions or concerns related to the protective services or the witness’ safety;

(ii) The protective services that the prosecuting officer has determined will be requested, and, if authorized, to be provided to the witness under this chapter; and

(iii) The procedures to be followed, if there is a determination by the prosecuting officer that there has occurred a material breach of the memorandum of understanding, as established by the prosecuting officer.