Section 10. Nothing in this section shall be construed as creating a right, entitlement or cause of action on behalf of any person against any public employee, public agency, the commonwealth, or any agency responsible for the provision of services set forth in this chapter. The commonwealth, its officers and employees, and law enforcement personnel […]
Section 11. The board shall establish a liaison with the United States Marshal’s office in order to facilitate the legal processes over which the federal government has sole authority. The liaison shall coordinate all requests for federal assistance relating to witness protection. The board shall pursue all federal sources that may be available for implementing […]
Section 12. Records of the board and all records relating to petitions and filed with the board shall be confidential and shall not be public records. Section 11A and section 11A.5 of chapter 30A shall not apply to meetings, discussions or deliberations of the board.
Section 13. (a) A prosecuting officer may disclose or refuse to disclose the identity or location of a protected witness, or any other matter concerning a protected witness or the program, after balancing the danger such disclosure may pose to the protected witness, the detriment it may cause to the general effectiveness of the program, […]
Section 2. There is hereby established a witness protection board within the executive office of public safety consisting of the secretary of public safety, the attorney general, the auditor, a chief of police appointed by the Massachusetts Chiefs of Police Association, and a district attorney appointed by the Massachusetts District Attorney’s Association, or any member’s […]
Section 3. In any criminal investigation or proceeding, the prosecuting officer with jurisdiction over the investigation or proceeding may file a petition with the board requesting witness protection services for a critical witness if the prosecuting officer certifies that such witness’s participation in the investigation or proceeding places the witness at risk of harm including, […]
Section 4. If a prosecuting officer determines that exigent circumstances exist regarding an imminent threat to the safety of a critical witness, he may take any appropriate temporary action he determines is necessary to protect the safety of the witness without prior approval of the board. The prosecuting officer shall inform the board of the […]
Section 5. Protective services provided to a critical witness may include, but not be limited to:— (a) any necessary armed protection or escort, marked or unmarked surveillance or periodic visits or contact by law enforcement officials prior, during or subsequent to a criminal proceeding; (b) physical relocation to an alternate shelter, housing or residence; (c) […]
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 […]
Section 7. If a witness, after being offered protective services under this chapter, at any time declines to receive such services, the prosecuting officer shall request that the witness make such refusal in writing, or, if the witness refuses to document such refusal of services in writing, the prosecuting officer shall document the refusal and […]
Section 8. Notwithstanding any general or special law to the contrary, or any regulation, rule or ordinance, if a petition and plan for witness protection, approved by the board, requires relocation of a critical witness within the public housing system, such relocation shall be effectuated without regard to any impediment including, but not limited to, […]
Section 9. Notwithstanding any general or special law to the contrary, or any regulation, rule or ordinance, if a petition and plan for witness protection, approved by the witness protection board, requires relocation of a critical witness to another public school within or without of the witness’s current school system, such relocation shall be effectuated […]
