Bill > H1642

This bill modifies Massachusetts law regarding probation officers' authority to arrest individuals under probation supervision without a warrant. The bill expands the definition of "probation officer" to include various personnel directed by the commissioner of probation, such as chief probation officers, regional supervisors, and the director of the ELMO center. Under the new provisions, probation officers can arrest a person under probation supervision without a warrant and bring them before the court, which can then sentence them, make a disposition of their case, or revoke the suspension of their sentence. The bill adds a specific requirement that when a probationer is served with a notice of surrender and at least one of their underlying crimes is a felony, the probation officer must provide a copy of the surrender notice to the district attorney, who will have an opportunity to be heard at the surrender hearing. Additionally, the bill allows probation officers to arrest or issue a warrant for a probationer who has probable cause to believe they have violated court-set conditions of release. The legislation aims to provide more structured and transparent procedures for handling probation violations and ensuring proper judicial oversight.

Justice

https://malegislature.gov/Bills/194/H1642