Title 12; 12-30 (Protection and Supervision of Criminal Witnesses) 12-32 (Cell Phone Tracking)

Question 1

12-30-2. Agreement with witness procedure is;

Answer 1

Person incarcerated or indicted/informed or subject of felony investigation and wants to give evidence of another felony investigation in exchange for reduction charges/sentence etc. the LEO official shall immediately notify the AG. AG draws agreement that can be voided if fails as promised or susp commits new crime.

Question 2

12-30-3. Witness protection review board procedure

Answer 2

Consists of member of AG, RISP, Muni police Chief. Goes over evidence for reduction of charge, adequate provisions made to insure safety of witness/immediate family. Witness will serve sentence of confinement for crimes in restrictive environment. cost of maintaining witness protections is reasonable, witness will not pose a threat of future criminality if released into the community to the terms of their agreement.

Question 3

12-30-4. Noncriminal witnesses procedure;

Answer 3

is same as criminal with notifying AG and AG review.

Question 4

12-30-5. Supervision (Criminal Witnesses) procedure

Answer 4

By RISP or ACI if in ACI facility ( court will chose). Outside by LEO at all times guarded and not permitted to leave confinement unless escorted. LEO selected shall have no involvement in the evidence provided by witness.

Question 5

12-30-6. Record of supervision (Criminal Witnesses) is

Answer 5

Records to include; ID of all assigned guards and hours. ID all visitors and durations. ID of all persons making telephone calls to/from witness/ purpose and duration. Destination of any movement and with whom/duration. Itemize expenditures of public funds and who authorized.

Question 6

12-30-9. Monitoring by review board (Criminal Witness) are by

Answer 6

Review board at 3 month intervals. Any change in terms of confinement must be reported to board within 5 days.

Question 7

12-31-1 (Cell phone Tracking) definitions;

Answer 7

Adverse Result means; (i) Endangering the life or physical safety of an individual; Flight from prosecution; Destruction of, or tampering with, evidence; Intimidation of potential witnesses; or Otherwise seriously jeopardizing an investigation or unduly delaying a trial.

Question 8

12-32-4. Exceptions with Cell phone Tracking Law are;

Answer 8

To respond to user’s call for emergency services. Either E911 Supervisor or agent of the state need location for emergency involving serious injury/death or major property damage needed without delay (Also Kelsey Smith Act 39-2-20). For location to used as result of release from institution, probation, supervised release or other sentencing order. Consent of owner. By parent or foster parent of a minor who is owner/user, or legal guardian or next of kin of user/owner, if it is believed to be deceased or missing/unable to contact. Or if issued by government entity and they are the owner.