(a)
(1) There is established in the Department of Justice, the Witness Protection Board that consists of the Attorney General of the Virgin Islands, the Commissioner of Police, and the Administrator of the Victim/Witness Advocate Program.
(2) A majority of the members of the Board constitutes a quorum.
(b)
(1) The Board shall establish a Witness Protection Program through which the Board may fund or provide for the security and protection of a prosecution witness or potential prosecution witness during or after an official proceeding or investigation that involves great public interest or as a result of which the Board determines that an offense, such as intimidating, tampering, or retaliating against a witness as described in title 14 Virgin Islands Code, sections 1507 and 1510, is likely to be committed. The Board may also fund or provide for the security and protection of the immediate family of, or a person otherwise closely associated with the witness or potential witness, if the family member or closely associated person may also be in danger.
(2) The Board shall adopt rules and regulations to administer the Program.
(c) In connection with the security and protection of a witness, a potential witness, or an immediate family member or close associate of a witness or potential witness, the Board may fund any action the Board determines to be necessary to protect the individual from bodily injury or to assure the individual's health, safety, and welfare for as long as, in the judgment of the Board, the danger exists. In an emergency situation requiring immediate attention, the Attorney General may distribute an amount not to exceed $3,000 in order to protect a witness, a potential witness, or an immediate family member or close associate of a witness or potential witness. However, all other expenditures of the Board require the signature of the Attorney General and the Commissioner of Police.
(d) The Attorney General or the Police Commissioner may request funding from the Board for providing witness security and protection, or for contracting or arranging for security provided by other local, state, or federal agencies, such as the United States Marshal's Service. Requests must be made and approved in a timely and equitable manner as established by the Board.
(e)
(1) Any monies distributed by the Board must be made from the Prosecution Witness Protection Fund, established in title 33 Virgin Islands Code, section 3050. The Legislature of the Virgin Islands may make appropriations from the General Fund for purposes of the Witness Protection Program when the Witness Protection Board demonstrates that there is a need to replenish the Fund.
(2) In order to receive consideration for additional appropriations to the Witness Protection Fund, the Witness Protection Board shall submit information to the Legislature of the Virgin Islands detailing the amount of money allocated from the Fund in the prior year, the number of witnesses having received witness security and protection from allocations from the Fund, and the number of requests for witness security and protection anticipated in the next fiscal year.
(3) All interest derived from the deposit and investment of monies in the Fund must be credited to the Fund. At the end of any fiscal year, all unexpended and unencumbered monies in the Fund remain in the Fund and may not be credited or transferred to the General Fund or any other Fund.
(f) The Attorney General shall submit to the Legislature of the Virgin Islands an annual report detailing the type of assistance the witness program provided for the prior fiscal year. The report must not include the name, the physical location or any biographical information about the persons assisted.
(g) The Territory, the Witness Protection Board, and the individual board members are not liable for any acts or omissions committed while engaging in activities within the scope of the Board's authority as described in this section or for any injury or damages in any civil or other proceedings brought by or on behalf of any person who was provided or denied security and protection under this section.
(h) The Virgin Islands Department of Justice and law enforcement agencies shall provide at least annual training for assistant attorneys general, victim advocates employed in or working with law enforcement agencies, and law enforcement personnel working with the Witness Protection Program. The Witness Protection Board shall develop program materials, including a model witness protection risk assessment instrument, and make them available to assistant attorneys general and law enforcement agencies.
(i) In order to minimize the period of time during which protection must be provided for the witness, the Superior Court, upon the application of the Attorney General, shall give priority on the criminal trial calendar to cases in which a protected witness will be testifying.
(j) Notwithstanding any law to the contrary, and specifically the provisions of title 3, chapter 33, Virgin Islands Code, the records of the Board shall be considered confidential records not subject to the public disclosure. Except, however the documents submitted to the Legislature pursuant to subsection (e)(2) of this section and the rules and regulations of the Board shall be considered public records subject to public disclosure.
(k) Notwithstanding any law to the contrary, and specifically the provisions of title 1, chapter 15 of this Code, the meetings of the Board shall not be open to the public.