Bill > H4467

This bill modifies Massachusetts law regarding probation officer arrest powers and procedures for probationers who may have violated their probation conditions. The bill expands the definition of "probation officer" to include various personnel directed by the probation commissioner, such as regional supervisors and center directors. It allows probation officers to arrest without a warrant and bring a probationer before the court at any point before final case disposition. If a probationer on probation for a felony is served with a surrender notice, the district attorney must be provided a copy and given an opportunity to be heard at the surrender hearing. The bill also establishes a process for prisoners with probation warrants to apply to the court for disposition, requiring correctional institutions to notify prisoners of their right to apply and forward such applications to the court within six months. Additionally, the bill explicitly empowers probation officers to arrest or issue a warrant if they have probable cause to believe a probationer has violated court-set conditions of release, with the requirement that the probationer be brought before the next court session having jurisdiction over their case.

Budget and Finance

Joint Committee on the Judiciary (Joint)

https://malegislature.gov/Bills/194/H4467