§ 12-30-2 - Agreement with witness.
SECTION 12-30-2
§ 12-30-2 Agreement with witness. –Whenever any law enforcement official of the state or any city or towndetermines that a person who is: (1) incarcerated upon conviction for a felony;(2) indicted or informed against for a felony; or (3) the subject of a felonyinvestigation; is willing to give evidence regarding the commission of felonyoffenses within the state in exchange for a reduction of his or her sentence,assistance in obtaining parole, the dismissal or reduction of charges pendingagainst him or her, and/or immunity from prosecution, the official shallimmediately notify the attorney general. An assistant attorney general and thelaw enforcement official shall interview the prospective witness to determinewhat information he or she possesses and what consideration he or she isseeking for his or her testimony. If they determine that the evidence profferedis reliable and that the consideration sought is reasonable, the assistantattorney general shall prepare a written memorandum setting forth all of theterms of the agreement which shall be signed by the witness, a representativeof the law enforcement agency initiating the case, and representative of theattorney general's office. The terms of the agreement shall include the lengthand manner of custodial supervision to be provided in order to accomplish boththe protection and incarceration of the criminal witness. The document shallexplicitly state that the agreement will become void if the criminal witnessviolates the terms of his or her confinement, fails to provide the promisedinformation and assistance to the prosecution, or commits a new crime. Theprospective witness shall be afforded the right to counsel during thenegotiation and execution of the agreement. The memorandum shall not becomebinding and enforceable by the parties until approved in accordance with theprocedures set forth in § 12-30-3.