[PARTVII.]  WITNESS SECURITY

 

Cross References

 

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

 

[§28-101]  Witness security and protection. (a)  The attorney general shall establish a statewide witness program throughwhich the attorney general may fund or provide for the security and protectionof a government witness or a potential government witness in an officialproceeding or investigation where the attorney general determines that anoffense such as those described in sections 710-1071 (intimidating a witness),710-1072 (tampering with a witness), or 710-1072.2 (retaliating against awitness) is likely to be committed or which involves great public interest. The attorney general may also fund or provide for the security and protectionof the immediate family of, or a person otherwise closely associated with, suchwitness 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 orinvestigations involving pending or potential organized crime, racketeeringactivity or career criminal prosecutions.

(b)  In connection with the security andprotection of a witness, a potential witness, or an immediate family member orclose associate of a witness or potential witness, the attorney general mayfund or take any action the attorney general determines to be necessary toprotect 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 attorneyor law enforcement agency may request the security and protection provided bythe attorney general or funding from the attorney general for the purpose ofimplementing county witness security and protection, or for contracting orarranging for security provided by other state or federal agencies such as theUnited States Marshals Service.  Requests shall be made and approved in atimely and equitable manner as established by the attorney general.

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

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