§ 12-30-2. Agreement with witness.
Whenever any law enforcement official of the state or any city or town determines
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 felony investigation; is
willing to give evidence regarding the commission of felony offenses within the state
in exchange for a reduction of his or her sentence, assistance in obtaining parole,
the dismissal or reduction of charges pending against him or her, and/or immunity
from prosecution, the official shall immediately notify the attorney general. An assistant
attorney general and
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§ 12-30-2. Agreement with witness.
Whenever any law enforcement official of the state or any city or town determines
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 felony investigation; is
willing to give evidence regarding the commission of felony offenses within the state
in exchange for a reduction of his or her sentence, assistance in obtaining parole,
the dismissal or reduction of charges pending against him or her, and/or immunity
from prosecution, the official shall immediately notify the attorney general. An assistant
attorney general and the law enforcement official shall interview the prospective
witness to determine what information he or she possesses and what consideration he
or she is seeking for his or her testimony. If they determine that the evidence proffered
is reliable and that the consideration sought is reasonable, the assistant attorney
general shall prepare a written memorandum setting forth all of the terms of the agreement
which shall be signed by the witness, a representative of the law enforcement agency
initiating the case, and representative of the attorney general's office. The terms
of the agreement shall include the length and manner of custodial supervision to be
provided in order to accomplish both the protection and incarceration of the criminal
witness. The document shall explicitly state that the agreement will become void if
the criminal witness violates the terms of his or her confinement, fails to provide
the promised information and assistance to the prosecution, or commits a new crime.
The prospective witness shall be afforded the right to counsel during the negotiation
and execution of the agreement. The memorandum shall not become binding and enforceable
by the parties until approved in accordance with the procedures set forth in § 12-30-3.