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| 2 | 2 | | HOUSE DOCKET, NO. 3905 FILED ON: 1/20/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1441 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Michael S. Day |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act concerning the arrest without a warrant of persons on probation and temporary custody. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Michael S. Day31st Middlesex1/20/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3905 FILED ON: 1/20/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1441 |
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| 18 | 18 | | By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 1441) of |
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| 19 | 19 | | Michael S. Day relative to arrests without a warrant of persons on probation and temporary |
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| 20 | 20 | | custody. The Judiciary. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 1516 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act concerning the arrest without a warrant of persons on probation and temporary custody. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Section 3 of chapter 279 of the General Laws, as appearing in the 2016 |
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| 32 | 32 | | 2Official Edition, is hereby amended by inserting before line 1 the following paragraph:- For the |
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| 33 | 33 | | 3purposes of this section, probation officer shall include a chief probation officer, a regional |
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| 34 | 34 | | 4probation supervisor, a statewide probation supervisor, the director of the ELMO center, the |
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| 35 | 35 | | 5deputy commissioner of field services, and any other personnel whom the commissioner of |
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| 36 | 36 | | 6probation shall direct. |
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| 37 | 37 | | 7 SECTION 2. Section 3 of said chapter 279, as so appearing, is hereby further amended |
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| 38 | 38 | | 8by striking out, in line 51 the word “temporary”. 2 of 2 |
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| 39 | 39 | | 9 SECTION 3. Section 3 of said chapter 279, as so appearing, is hereby further amended |
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| 40 | 40 | | 10by striking out, in lines 52-53 the words “for a period not to exceed 72 hours or until the next |
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| 41 | 41 | | 11sitting of the court, during which period the” and inserting in place thereof the following words:- |
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| 42 | 42 | | 12. The |
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| 43 | 43 | | 13 SECTION 4. Section 3 of said chapter 279, as so appearing, is hereby further amended |
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| 44 | 44 | | 14by inserting, in line 55, after the word “before the following:- the next sitting of |
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| 45 | 45 | | 15 SECTION 5. Section 3 of said chapter 279, as so appearing, is hereby further amended |
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| 46 | 46 | | 16by striking out, in line 59 the word “temporary”. |
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| 47 | 47 | | 17 SECTION 6. Section 3 of said chapter 279, as so appearing, is hereby further amended |
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| 48 | 48 | | 18by inserting in line 60 after the word “thereto.” the words: - The probationer shall be brought |
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| 49 | 49 | | 19before the next session of the court having jurisdiction over the place where the person is held or |
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| 50 | 50 | | 20to the court that set the conditions of release. |
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