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HOUSE DOCKET, NO. 3905 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1441
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michael S. Day
_________________
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.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Michael S. Day31st Middlesex1/20/2023 1 of 2
HOUSE DOCKET, NO. 3905 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1441
By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 1441) of
Michael S. Day relative to arrests without a warrant of persons on probation and temporary
custody. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1516 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
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:
1 SECTION 1. Section 3 of chapter 279 of the General Laws, as appearing in the 2016
2Official Edition, is hereby amended by inserting before line 1 the following paragraph:- For the
3purposes of this section, probation officer shall include a chief probation officer, a regional
4probation supervisor, a statewide probation supervisor, the director of the ELMO center, the
5deputy commissioner of field services, and any other personnel whom the commissioner of
6probation shall direct.
7 SECTION 2. Section 3 of said chapter 279, as so appearing, is hereby further amended
8by striking out, in line 51 the word “temporary”. 2 of 2
9 SECTION 3. Section 3 of said chapter 279, as so appearing, is hereby further amended
10by striking out, in lines 52-53 the words “for a period not to exceed 72 hours or until the next
11sitting of the court, during which period the” and inserting in place thereof the following words:-
12. The
13 SECTION 4. Section 3 of said chapter 279, as so appearing, is hereby further amended
14by inserting, in line 55, after the word “before the following:- the next sitting of
15 SECTION 5. Section 3 of said chapter 279, as so appearing, is hereby further amended
16by striking out, in line 59 the word “temporary”.
17 SECTION 6. Section 3 of said chapter 279, as so appearing, is hereby further amended
18by inserting in line 60 after the word “thereto.” the words: - The probationer shall be brought
19before the next session of the court having jurisdiction over the place where the person is held or
20to the court that set the conditions of release.