Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately establish a pay plan for chief probation officers of the trial court, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 276 of the General Laws is hereby amended by striking out section 98, as amended by section 17 of chapter 279 of the acts of 1986, and inserting in place thereof the following section:-

Section 98. There shall be a commissioner of probation who shall have executive control and supervision of the probation service. He shall be appointed for a term of six years by the chief administrative justice and shall devote his full time during business hours to the duties of his office. The commissioner of probation may appoint an administrative assistant. Said administrative assistant shall perform such duties as the commissioner may from time to time define. There shall be an associate commissioner of probation who shall have at least fifteen years experience as a probation officer, five of which shall be as a chief probation officer in a court in the commonwealth having twenty or more probation officers. He shall be appointed by the chief administrative justice, upon the recommendation of the commissioner of probation.

The commissioner, with the approval of the chief administrative justice, shall appoint five deputy commissioners and may, with like approval, for cause, remove them. The commissioner may designate one deputy commissioner as first deputy commissioner. Each deputy commissioner shall devote his full time during business hours to the duties of his office.

The commissioner of probation shall appoint four supervisors of court probation services and one assistant supervisor of court probation services. There shall also be a supervisor of probation for the superior court and an assistant supervisor of probation for the superior court designated according to the provisions of section eighty-three.

Said supervisors of court probation services and assistant supervisors of court probation services shall, in addition to other duties imposed upon them by said commissioner, be responsible for the evaluation of the probation service in each court in the commonwealth, for the recruitment, training, educational development and evaluation of the work performance of probation officers. They shall plan, initiate and develop volunteer, diversion and other programs in consultation with probation officers throughout the commonwealth and shall supervise and evaluate all programs within the probation service. Said commissioner may appoint a chief administrative clerk and two senior clerk typists to assist the supervisors of services in the performance of their duties.

The commissioner of probation shall be provided with suitable accommodations in the Suffolk county court house or elsewhere, and may, subject to appropriation, employ such assistants as may be necessary for the performance of his duties, including a director of research and other research assistants, and to compile, evaluate and make available for official use and public education the statistical information on delinquency, crime and appropriate family service matters available in his records.

The commissioner of probation, associate commissioner, administrative assistant, deputy commissioners, supervisors of court probation services, the assistant supervisor of court probation services, the supervisor of probation for the superior court and the assistant supervisor of probation for the superior court shall be paid by the commonwealth in accordance with a schedule of salaries as recommended in writing by the chief administrative justice of the trial court and filed with the house and senate committees on ways and means.

SECTION 2. Section 99B of said chapter 276, as appearing in the 1984 Official Edition, is hereby amended by striking out subsections (1) and (2) and inserting in place thereof the following two subsections:-

(1) In those courts or regions having fewer than fifteen probation officers, all persons serving as chief probation officer or acting chief probation officer shall be allocated to the title of Chief or Acting Chief Probation Officer I, and in those courts or regions having fifteen or more probation officers, all persons so-serving shall be allocated to the title of Chief or Acting Chief Probation Officer II.

(2) All probation officers, except the chief probation officer, shall be compensated in accordance with the provisions of the applicable collective bargaining agreement, pursuant to the provisions of chapter one hundred and fifty E. The salaries of chief probation officers and acting chief probation officers shall be paid by the commonwealth in accordance with a schedule of salaries as recommended in writing by the chief administrative justice of the trial court and filed with the house and senate committees on ways and means.

SECTION 3. Section ninety-nine D of said chapter two hundred and seventy-six is hereby repealed.

SECTION 4. If on June thirtieth, nineteen hundred and eighty-five, any of the personnel referred to in section two of this act or the supervisor and assistant supervisor of probation for the superior court referred to in section one, and if on the effective date of this act any other personnel referred to in said section one is receiving a salary set by law which is greater than the salary provided for in the step in range in the job group to which the office or position occupied by said personnel has been allocated, on the schedule of salaries maintained by the chief administrative justice, the said personnel shall receive a salary under the said schedule which is nearest to the rate then paid but at least equal to the salary to which he was entitled on said June thirtieth, nineteen hundred and eighty-five, or on the said effective date, as applicable; provided, however, that if any such personnel is receiving a salary so set by law which is higher than any salary provided in the job group to which his position has been allocated in the said schedule, the said personnel shall receive a salary which is no less than the one to which he was so-entitled. When the appointment or term of such personnel expires or if the said personnel vacates the position for any reason, his successor in such position shall be paid in accordance with the position allocation in such schedule then in effect.

SECTION 5. When any of the personnel whose salary, on June thirtieth, nineteen hundred and eighty-five in the case of the personnel referred to in section three or the supervisor and assistant supervisor of probation for the superior court referred to in section one, or on the effective date of this act in the case of any other personnel referred to in said section three, was set by law is initially placed in a step in range in one of the job groups in the schedule of salaries maintained by the chief administrative justice, such personnel shall be placed in the step in range which corresponds to his time in service in the office or position which he had established as of said June thirtieth or as of said effective date, as applicable, unless the provisions of section four of this act shall apply.

SECTION 6. Notwithstanding the provisions of any general or special law to the contrary, all allocations, classifications and schedules of salaries as recommended by the chief administrative justice of the trial court pursuant to the provisions of this act shall be subject to the approval of the house and senate committees on ways and means. All persons serving as chief probation officers or acting chief probation officers on the effective date of this act shall be allocated to the titles of Chief or Acting Chief Probation Officer I or Chief or Acting Chief Probation Officer II, in accordance with the provisions of section two of this act.

SECTION 7. Sections two and three of this act, and so much of section one as relates to the compensation of the supervisor and assistant supervisor of probation for the superior court, shall take effect as of June thirtieth, nineteen hundred and eighty-five.