| 1 | 1 | | HOUSE . . . . . . . . No. 4322 |
|---|
| 2 | 2 | | The Commonwealth of Massachusetts |
|---|
| 3 | 3 | | ________________________________________ |
|---|
| 4 | 4 | | HOUSE OF REPRESENTATIVES, February 8, 2024. |
|---|
| 5 | 5 | | The committee on the Judiciary, to whom was referred the petition |
|---|
| 6 | 6 | | (accompanied by bill, House, No. 1441) of Michael S. Day relative to |
|---|
| 7 | 7 | | arrests without a warrant of persons on probation and temporary custody, |
|---|
| 8 | 8 | | reports recommending that the accompanying bill (House, No. 4322) |
|---|
| 9 | 9 | | ought to pass. |
|---|
| 10 | 10 | | For the committee, |
|---|
| 11 | 11 | | MICHAEL S. DAY. 1 of 3 |
|---|
| 12 | 12 | | FILED ON: 2/5/2024 |
|---|
| 13 | 13 | | HOUSE . . . . . . . . . . . . . . . No. 4322 |
|---|
| 14 | 14 | | The Commonwealth of Massachusetts |
|---|
| 15 | 15 | | _______________ |
|---|
| 16 | 16 | | In the One Hundred and Ninety-Third General Court |
|---|
| 17 | 17 | | (2023-2024) |
|---|
| 18 | 18 | | _______________ |
|---|
| 19 | 19 | | An Act concerning the arrest without a warrant of persons on probation and temporary custody. |
|---|
| 20 | 20 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 21 | 21 | | of the same, as follows: |
|---|
| 22 | 22 | | 1 SECTION 1. Chapter 279 is hereby amended by striking out section 3 and inserting in |
|---|
| 23 | 23 | | 2place thereof the following section: |
|---|
| 24 | 24 | | 3 Section 3. For the purposes of this section, probation officer shall include all personnel |
|---|
| 25 | 25 | | 4directed by the commissioner of probation, including but not limited to a chief probation officer, |
|---|
| 26 | 26 | | 5a regional probation supervisor, a statewide probation supervisor, the director of the ELMO |
|---|
| 27 | 27 | | 6center and the deputy commissioner of field services. At any time before final disposition of the |
|---|
| 28 | 28 | | 7case of a person placed under probation supervision or in the custody or care of a probation |
|---|
| 29 | 29 | | 8officer, the probation officer may arrest them without a warrant and take them before the court, |
|---|
| 30 | 30 | | 9or the court may issue a warrant for their arrest. When taken before the court, it may, if they have |
|---|
| 31 | 31 | | 10not been sentenced, sentence them or make any other lawful disposition of the case, and if they |
|---|
| 32 | 32 | | 11have been sentenced, it may continue or revoke the suspension of the execution of their sentence; |
|---|
| 33 | 33 | | 12provided however, that in all cases where the probationer is served with notice of surrender and |
|---|
| 34 | 34 | | 13at least one of the underlying crimes for which they are on probation is a felony, then the |
|---|
| 35 | 35 | | 14probation officer shall provide a duplicate copy of the notice of surrender to the district attorney, 2 of 3 |
|---|
| 36 | 36 | | 15and the court shall provide to the district attorney the opportunity to be heard and present |
|---|
| 37 | 37 | | 16evidence at the surrender hearing. If such suspension is revoked, the sentence shall be in full |
|---|
| 38 | 38 | | 17force and effect. If a warrant has been issued by the court for the arrest of such a person and they |
|---|
| 39 | 39 | | 18are a prisoner in any correctional institution, jail or house of correction, the commissioner of |
|---|
| 40 | 40 | | 19correction, the sheriff, master or keeper of said house of correction, or in Suffolk county, the |
|---|
| 41 | 41 | | 20penal institutions commissioner of the city of Boston, as the case may be, having such prisoner |
|---|
| 42 | 42 | | 21under their supervision or control, upon receiving notice of such warrant, shall notify such |
|---|
| 43 | 43 | | 22prisoner that they have the right to apply to the court for prompt disposition thereof. Such an |
|---|
| 44 | 44 | | 23application shall be in writing and given or sent by such prisoner to the commissioner of |
|---|
| 45 | 45 | | 24correction, or such sheriff, master, keeper, or penal institutions commissioner, who shall |
|---|
| 46 | 46 | | 25promptly forward it to the court from which the warrant issued, by certified mail, together with a |
|---|
| 47 | 47 | | 26certificate of said commissioner of correction, sheriff, master, keeper, or penal institutions |
|---|
| 48 | 48 | | 27commissioner, stating (a) the term of commitment under which such prisoner is being held, (b) |
|---|
| 49 | 49 | | 28the amount of time served, (c) the amount of time remaining to be served, (d) the amount of good |
|---|
| 50 | 50 | | 29time earned, (e) the time of parole eligibility of such prisoner, and (f) any decisions of the board |
|---|
| 51 | 51 | | 30of parole relating to such prisoner. Said commissioner of correction, sheriff, master, keeper, or |
|---|
| 52 | 52 | | 31penal institutions commissioner shall notify the appropriate district attorney by certified mail of |
|---|
| 53 | 53 | | 32such application to the court. Any such prisoner shall, within six months after such application is |
|---|
| 54 | 54 | | 33received by the court, be brought into court for sentencing or other lawful disposition of their |
|---|
| 55 | 55 | | 34case as hereinbefore provided. |
|---|
| 56 | 56 | | 35 In no case where a provision of this chapter provides for a finding, disposition or other |
|---|
| 57 | 57 | | 36order to be made by the court, or for a warrant to be issued, shall such be made or issued by any |
|---|
| 58 | 58 | | 37person other than a justice, special justice or other person exercising the powers of a magistrate. 3 of 3 |
|---|
| 59 | 59 | | 38 Notwithstanding any restriction in the preceding paragraph, if a probation officer has |
|---|
| 60 | 60 | | 39probable cause to believe that a person placed under probation supervision or in the custody or |
|---|
| 61 | 61 | | 40care of a probation officer pursuant to sections 42A, 58A or 87 of chapter 276 or any other |
|---|
| 62 | 62 | | 41statute that allows the court to set conditions of release, has violated the conditions set by the |
|---|
| 63 | 63 | | 42court, the probation officer may arrest the probationer or may issue a warrant for the custody of |
|---|
| 64 | 64 | | 43the probationer. The probation officer shall arrange for the appearance of the probationer before |
|---|
| 65 | 65 | | 44the next sitting of the court pursuant to the first paragraph of this section. Such warrant shall |
|---|
| 66 | 66 | | 45constitute sufficient authority to a probation officer and to the superintendent, jailer, or any other |
|---|
| 67 | 67 | | 46person in charge of any jail, house of correction, lockup, or place of detention to whom it is |
|---|
| 68 | 68 | | 47exhibited, to hold in custody the probationer detained pursuant thereto. The probationer shall be |
|---|
| 69 | 69 | | 48brought before the next session of the court having jurisdiction over the place where the person is |
|---|
| 70 | 70 | | 49held or to the court that set the condition of release. |
|---|