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General Laws

Section 89. The superior court or the justice of a district court, including in such term the Worcester juvenile court, the Boston juvenile court, the Bristol county juvenile court and the Springfield juvenile court, may, in the case of a vacancy in the position of probation officer or in the absence of a probation officer, appoint a temporary probation officer, who shall have the powers and perform the duties of such probation officer and shall receive as compensation for each day’s service an amount equal to the rate by the day of the minimum compensation of a regular probation officer according to the salary schedule established under section eight of chapter two hundred and eleven B. Compensation so paid to a temporary probation officer for service rendered in the absence of a probation officer, in excess of thirty days in any one year, shall be deducted from the compensation of the probation officer in whose place such service is rendered; provided, however, that if a probation officer is absent, due to his illness or physical disability, for a period not exceeding thirty days in any year, in addition to said thirty days, he shall be deemed to be on sick leave and no such deduction shall be made. Such thirty days’ sick leave or any portion thereof not used in any year may be accumulated, but shall, in any event, not exceed ninety days in any consecutive three year period. If the person so appointed holds an office or position, the salary or compensation for which is paid out of the treasury of the commonwealth, or of a county, or of a municipality, he shall not receive the salary of both offices or positions during the period of such temporary service.

The justices of a probate court for any county, except the county of Dukes County and the counties of Nantucket and Franklin, may, in the absence of a probation officer, appoint a temporary probation officer in the same manner and upon the same conditions, with the same powers and duties and the same rate of compensation as is provided in the first paragraph.

The justice of a district court, with the approval of the administrative justice of district courts, may, in the case of the death, removal, resignation or retirement of a probation officer, appoint a temporary probation officer for a single term not to exceed ninety days. Such temporary probation officer shall receive as compensation from the commonwealth an amount equal to that which would have been paid, for a like period of service, to a regular probation officer receiving the minimum compensation according to the salary schedule as established under section eight of chapter two hundred and eleven B. No temporary probation officer appointed under this section shall serve for more than ninety days unless his appointment to such temporary office has been approved by the court administrator of the trial court upon recommendation of the commissioner of probation.

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