Bill

Bill > H2287


MA H2287

To improve probation violation proceedings


summary

Introduced
01/23/2017
In Committee
01/23/2017
Crossed Over
Passed
Dead
12/31/2018

Introduced Session

190th General Court

Bill Summary

Relative to improving probation violation proceedings. The Judiciary.

AI Summary

This bill aims to improve probation violation proceedings. Key provisions include: 1) Allowing probation officers to arrest probationers or issue warrants for their temporary custody for up to 72 hours if they have probable cause to believe the probationer violated their probation conditions. The probation officer must then arrange for the probationer to appear before the court. 2) Requiring the court to provide the district attorney the opportunity to be heard and present evidence at the probation violation hearing. 3) Allowing the court, upon finding a probation violation by a preponderance of the evidence, to terminate, continue, or modify the probation supervision, or impose a lawful sentence - but limiting the total cumulative incarceration to the maximum sentence permitted by law. 4) Enabling the court, after previously warning the probationer, to promptly hold a hearing and commit the probationer to up to 14 days of detention in a jail or house of correction upon finding a probation violation, with the probationary term stayed during this period.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4874 (on 08/09/2018)

bill text


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