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| 2 | 2 | | HOUSE DOCKET, NO. 1755 FILED ON: 1/15/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 4026 |
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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 | | Russell E. Holmes |
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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 strengthening police reform. |
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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:Russell E. Holmes6th Suffolk1/15/2025 1 of 3 |
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| 16 | 16 | | HOUSE DOCKET, NO. 1755 FILED ON: 1/15/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 4026 |
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| 18 | 18 | | By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 4026) of |
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| 19 | 19 | | Russell E. Holmes relative to the powers of certain employees of the parole board and |
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| 20 | 20 | | correctional institutions. Public Safety and Homeland Security. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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| 24 | 24 | | (2025-2026) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act strengthening police reform. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 Chapter 127 of the General Laws is hereby amended by striking out section 127 and |
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| 30 | 30 | | 2inserting in place thereof the following section:- |
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| 31 | 31 | | 3 Section 127. The governor, upon the written recommendation of the commissioner or the |
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| 32 | 32 | | 4chairman of the parole board, may convey upon field parole officers and correctional officers of |
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| 33 | 33 | | 5the investigative and fugitive apprehension units of the department of correction the authority |
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| 34 | 34 | | 6prescribed in this section for a term of 3 years, unless sooner removed. |
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| 35 | 35 | | 7 Upon written application and recommendation, the commissioner of the department of |
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| 36 | 36 | | 8correction and executive director of the parole board shall certify in writing, each full-time |
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| 37 | 37 | | 9employee recommended for appointment under this section has, (1) demonstrated exemplary |
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| 38 | 38 | | 10personal conduct as well as competent professional conduct and be free from any disciplinary |
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| 39 | 39 | | 11action, excluding discipline related to administrative job performance except that which |
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| 40 | 40 | | 12contradicts and jeopardizes the public trust, within the previous 3 years; (2) if, at any time during 2 of 3 |
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| 41 | 41 | | 13the 3 years, the commissioner or executive director shall notify the governor of any conduct, |
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| 42 | 42 | | 14personal, professional or otherwise , that jeopardizes the public trust and may be grounds for |
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| 43 | 43 | | 15revocation of appointment; (3) must be duly licensed to carry a firearm, at all times; if, for any |
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| 44 | 44 | | 16reason the license to carry is suspended, revoked, or not renewed for any reason authority under |
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| 45 | 45 | | 17this section is automatically revoked; (4) complete yearly certification in firearms, use of force, |
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| 46 | 46 | | 18and de-escalation; (5) field parole officers appointed under this section must complete a |
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| 47 | 47 | | 19minimum of 24 hours of annual training in topics related to: behavioral health disorders, |
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| 48 | 48 | | 20substance use disorders, effective treatment responses and intentions, case management |
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| 49 | 49 | | 21practices, motivational interviewing, reentry or social determinants of health. |
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| 50 | 50 | | 22 Officers so appointed may serve detainers issued by the parole board, orders of removal |
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| 51 | 51 | | 23or transfer of prisoners issued by the commissioner, apprehend and take custody of a person |
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| 52 | 52 | | 24escaping or attempting to escape from a correctional facility, any place where a parole board |
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| 53 | 53 | | 25hearing is being held, from the custody of an officer, or while being conveyed to and from any |
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| 54 | 54 | | 26court or penal institution. Such special state officers of the parole board may also perform police |
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| 55 | 55 | | 27duties: (1) when arresting parolees pursuant to warrants or detainers of the parole board or |
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| 56 | 56 | | 28transporting said parolees, over individuals who attempt or threaten to interfere with such special |
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| 57 | 57 | | 29state police officers of the parole board in the performance of their duties; or (2) on the premises |
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| 58 | 58 | | 30of parole board facilities, which facilities shall include locations where the board is conducting a |
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| 59 | 59 | | 31hearing or other board business;. |
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| 60 | 60 | | 32 During the course of an investigation of parole violations, and upon such parole officer |
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| 61 | 61 | | 33reasonably believes that evidence of a parole violation is concealed on such parolee's person or |
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| 62 | 62 | | 34under such parolee's exclusive control, a person appointed under this section shall contact the 3 of 3 |
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| 63 | 63 | | 35appropriate local police department, or state police, who then shall apply for and execute said |
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| 64 | 64 | | 36search warrant. |
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| 65 | 65 | | 37 Parole officers appointed under this section shall only be present, participate or |
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| 66 | 66 | | 38accompany law enforcement unless the warrant or investigation directly involves individuals |
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| 67 | 67 | | 39supervised by the parole board. |
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| 68 | 68 | | 40 Whenever evidence of a crime has been discovered by such special state officer, the |
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| 69 | 69 | | 41appropriate local police department or state police shall be notified immediately. |
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| 70 | 70 | | 42 A person appointed under this section from the investigative and fugitive apprehension |
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| 71 | 71 | | 43unit of the department of correction: (1) may in the presence of a police officer serve warrants |
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| 72 | 72 | | 44issued by any court or trial justice in the commonwealth for the arrest of a person charged with |
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| 73 | 73 | | 45the crime of escape or attempt to escape from a department of correction facility or from the |
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| 74 | 74 | | 46custody of an officer of the department of correction while being conveyed to or from any such |
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| 75 | 75 | | 47institution, and may perform police duty about the premises of penal institutions; (2) when |
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| 76 | 76 | | 48arresting escapees pursuant to arrest warrants or transporting said escapees, over individuals who |
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| 77 | 77 | | 49attempt or threaten to interfere with such special state police officers of said investigative and |
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| 78 | 78 | | 50fugitive apprehension unit in the performance of their duties, (3) shall only be present, participate |
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| 79 | 79 | | 51or accompany law enforcement unless the warrant or investigation is directly related to the |
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| 80 | 80 | | 52responsibilities of these units. |
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| 81 | 81 | | 53 Except for the authority contained within this chapter and section, a person so appointed |
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| 82 | 82 | | 54under this section shall have no other law enforcement authority. |
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