This is archived content from the U.S. Department of Justice website. The information here may be outdated and links may no longer function. Please contact if you have any questions about the archive site.

709. Arrest of Relocated Witnesses

In accordance with 18 U.S.C. 3521(b)(1)(H), the USMS, OEO, and Federal Bureau of Investigation, have worked out a mechanism, when warranted, to securely disseminate protected witnesses' arrest records and information in response to legitimate law enforcement requests. It should be noted that no effort will be made to interfere with legitimate legal proceedings.

If a witness is sentenced to a period of incarceration as a result of a State conviction for a crime committed after relocation, the sponsoring Federal investigative agency will be asked to advise the State authorities of the details of his or her cooperation to ensure the State's appropriate action in maintaining the witness's security. State authorities should also be advised that, if they believe that they will not be able to protect the witness, either in their own system or through transfer to another State system, they can so advise OEO, which will review the case for the witness's reinstatement in the Witness Security Program as a prisoner. If reinstated, the prisoner will be transferred to the custody of BOP, but will not ordinarily be placed in a PCU, because he or she has engaged in criminal activity after having participated in the Program.

[cited in USAM 9-21.1000]

Updated December 7, 2018