[PART
VII.]  WITNESS SECURITY



 



Cross References



 



  Rights of victims and witnesses in criminal proceedings, see
chapter 801D.



 



[§28-101]  Witness security and protection. 
(a)  The attorney general shall establish a statewide witness program through
which the attorney general may fund or provide for the security and protection
of a government witness or a potential government witness in an official
proceeding or investigation where the attorney general determines that an
offense such as those described in sections 710-1071 (intimidating a witness),
710-1072 (tampering with a witness), or 710-1072.2 (retaliating against a
witness) is likely to be committed or which involves great public interest. 
The attorney general may also fund or provide for the security and protection
of the immediate family of, or a person otherwise closely associated with, such
witness or potential witness if the family or person may also be endangered. 
In determining whether such security and protection or funds are to be provided,
the attorney general shall give greatest priority to official proceedings or
investigations involving pending or potential organized crime, racketeering
activity or career criminal prosecutions.



(b)  In connection with the security and
protection of a witness, a potential witness, or an immediate family member or
close associate of a witness or potential witness, the attorney general may
fund or take any action the attorney general determines to be necessary to
protect such person from bodily injury, or to assure the person's health,
safety, and welfare, for as long as, in the judgment of the attorney general,
such danger exists.



(c)  Any county or state prosecuting attorney
or law enforcement agency may request the security and protection provided by
the attorney general or funding from the attorney general for the purpose of
implementing county witness security and protection, or for contracting or
arranging for security provided by other state or federal agencies such as the
United States Marshals Service.  Requests shall be made and approved in a
timely and equitable manner as established by the attorney general.



(d)  The attorney general may condition the
provision of security and protection or funding upon a county matching basis or
reimbursement in whole or in part by a county government to the State for the
cost of such witness security and protection or for the funds granted.  Such
reimbursement shall be appropriate when security and protection are provided or
funding is granted on an emergency basis where the provision of such protection
is primarily a county responsibility.



(e)  The county prosecuting attorneys, the
county police departments, and all other law enforcement agencies in the State
shall cooperate with the attorney general to implement a statewide witness
security program.  Appropriations for the purposes authorized by this section
shall be made to and administered by the attorney general, who may also receive
and use gifts, moneys, services, or assistance from any private source to implement
the purposes of this section. [L 1982, c 231, §1; gen ch 1985]