§ 12-30-3 - Witness protection review board.
SECTION 12-30-3
§ 12-30-3 Witness protection review board.– (a) There is created within the attorney general's office a witness protectionreview board, consisting of an assistant attorney general appointed by theattorney general, an officer of the state police appointed by thesuperintendent of state police, and a municipal police chief appointed by thepresident of the Rhode Island Police Chiefs' Association.
(b) No agreement which obligates any law enforcement agencyof the state or its municipalities to provide protection for and/or to releasefrom custody, or dismiss pending charges against any criminal witness (i.e., aperson who is incarcerated upon conviction for a felony, who is indicted orinformed against for a felony, or who is the subject of a felony investigation)in exchange for his or her testimony, shall take effect until it has beenapproved by a majority vote of the review board. The board shall review eachagreement to determine whether:
(1) The evidence proffered justifies the reduction ofsentence and/or dismissal of charges;
(2) Adequate provision has been made to insure the safety ofthe witness and his or her immediate family, if any, during the times in whichhe or she will be cooperating with law enforcement authorities and during hisor her resettlement thereafter;
(3) The witness will serve any sentence of confinementimposed upon him or her for his or her crimes in a sufficiently restrictiveenvironment;
(4) The cost of maintaining the witness in the protectionprogram is reasonable; and
(5) The witness will pose any threat of future criminality ifreleased into the community pursuant to the terms of the agreement.
(c) In determining whether to approve the agreement, theboard shall consider whether the particular witness could be better managed ifresponsibility for his or her custody were transferred to the witnessprotection program, operated by the United States Justice Department.
(d) The recommendation of the review board shall be presentedto the attorney general, whose approval shall be required prior toimplementation of the agreement. Once approved by the review board and theattorney general, any provision of the agreement reducing the sentence of,transferring the custody of, dismissing the charges against, and/or agreeing toimmunize the witness must be presented to the superior court for its approvalin accordance with applicable statutes and the rules of that court.