HOUSE DOCKET, NO. 3905        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1441

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael S. Day

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act concerning the arrest without a warrant of persons on probation and temporary custody.

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PETITION OF:

HOUSE DOCKET, NO. 3905        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1441

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1516 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act concerning the arrest without a warrant of persons on probation and temporary custody.

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.Section 3 of chapter 279 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting before line 1 the following paragraph:- For the purposes of this section, probation officer shall include a chief probation officer, a regional probation supervisor, a statewide probation supervisor, the director of the ELMO center, the deputy commissioner of field services, and any other personnel whom the commissioner of probation shall direct.

SECTION 2.Section 3 of said chapter 279, as so appearing, is hereby further amended by striking out, in line 51 the word “temporary”.

SECTION 3.Section 3 of said chapter 279, as so appearing, is hereby further amended by striking out, in lines 52-53 the words “for a period not to exceed 72 hours or until the next sitting of the court, during which period the” and inserting in place thereof the following words:- . The

SECTION 4.Section 3 of said chapter 279, as so appearing, is hereby further amended by inserting, in line 55, after the word “before the following:- the next sitting of

SECTION 5.Section 3 of said chapter 279, as so appearing, is hereby further amended by striking out, in line 59 the word “temporary”.

SECTION 6. Section 3 of said chapter 279, as so appearing, is hereby further amended by inserting in line 60 after the word “thereto.” the words: - The probationer shall be brought before the next session of the court having jurisdiction over the place where the person is held or to the court that set the conditions of release.