Mass. Gen. Laws ch. 125, sec. 9 — MA Code / Part I / Title XVIII / Chapter 125 / Section 9
Training academy for officers; appointment of trainees; provisional and permanent appointment as officers; probationary period; tenure and benefits; restriction
Status: in_force

Section 9. The commissioner shall establish a training academy in cooperation with the municipal police training council and using their facilities and programs where appropriate and such other courses or places of training as he deems necessary for the training of correction officers, other employees of the department, persons appointed as correction officer trainees in accordance with this section and, by agreement, officers of county correctional facilities. The commissioner may appoint as a correction officer trainee, for a period of full-time training including on-the-job training, any citizen of the commonwealth who meets the qualifications required of applicants for appointment to the position of correction officer. Appointment to the position of correction officer trainee shall not be subject to section nine A and nine B of chapter thirty, or chapter thirty-one, nor shall a correction officer trainee be entitled to any benefits of such laws or civil service rules. Such appointment may be terminated in accordance with such conditions as the commissioner may prescribe. A correction officer trainee shall receive such compensation and such leave with pay as the commissioner shall determine and shall be considered an employee of the commonwealth for the purposes of workman's compensation. Upon successful completion of training, a correction officer trainee shall be appointed, if a vacancy exists, to the position of provisional correction officer, provided there is no suitable civil service eligible list for correction officer. A correction officer trainee shall not be subject to or entitled to the benefits of any retirement or pension law nor shall any deduction be made from his compensation for the purpose thereof; but a correction officer trainee who during the period of his training or provisional appointment status passes a competitive civil service examination for appointment to the department of correction and is appointed a permanent full-time correction officer shall have his trainee service considered as ''creditable service'' for purposes of retirement, provided he pays into the annuity savings fund of the retirement system such amount as the retirement board determines equal to that which he would have paid had he been a member of said retirement system during the period of his training. In accordance with civil service laws and rules the division of personnel administration shall certify the names of applicants from an established list for correction officers to the commissioner who shall appoint said applicants as correction officers. Newly appointed correction officers who have not successfully completed training as correction officer trainees shall be assigned to a period of training as the commissioner shall prescribe. Notwithstanding any civil service law or rules, a correction officer must serve a probationary period of nine months before becoming a full-time permanent employee of the department. Time spent in training shall be considered a part of the probationary period. Notwithstanding any provision of law to the contrary, but subject to the provisions of section sixty of chapter one hundred and nineteen, no person who has been convicted of a felony or who has been convicted of a misdemeanor and has been confined in any jail or house of correction for said conviction, shall be appointed to any position in the department of correction unless the commissioner certifies that such appointment will contribute substantially to the work of the department; provided, however that no such person shall be appointed to the position of correction officer, superintendent, deputy superintendent, assistant superintendent, or any position involving the regulation of state or county correctional facilities. The commissioner may expend such sums as may be appropriated or otherwise received to maintain and operate the training academy and other training centers and programs and maintain trainees and employees during any period of training.

Section 9. The commissioner shall establish a training academy in cooperation with the municipal police training council and using their facilities and programs where appropriate and such other courses or places of training as he deems necessary for the training of correction officers, other employees of the department, persons appointed as correction officer trainees in accordance with this section and, by agreement, officers of county correctional facilities. The commissioner may appoint as a correction officer trainee, for a period of full-time training including on-the-job training, any citizen of the commonwealth who meets the qualifications required of applicants for appointment to the position of correction officer. Appointment to the position of correction officer trainee shall not be subject to section nine A and nine B of chapter thirty, or chapter thirty-one, nor shall a correction officer trainee be entitled to any benefits of such laws or civil service rules. Such appointment may be terminated in accordance with such conditions as the commissioner may prescribe. A correction officer trainee shall receive such compensation and such leave with pay as the commissioner shall determine and shall be considered an employee of the commonwealth for the purposes of workman's compensation. Upon successful completion of training, a correction officer trainee shall be appointed, if a vacancy exists, to the position of provisional correction officer, provided there is no suitable civil service eligible list for correction officer.

A correction officer trainee shall not be subject to or entitled to the benefits of any retirement or pension law nor shall any deduction be made from his compensation for the purpose thereof; but a correction officer trainee who during the period of his training or provisional appointment status passes a competitive civil service examination for appointment to the department of correction and is appointed a permanent full-time correction officer shall have his trainee service considered as ''creditable service'' for purposes of retirement, provided he pays into the annuity savings fund of the retirement system such amount as the retirement board determines equal to that which he would have paid had he been a member of said retirement system during the period of his training.

In accordance with civil service laws and rules the division of personnel administration shall certify the names of applicants from an established list for correction officers to the commissioner who shall appoint said applicants as correction officers. Newly appointed correction officers who have not successfully completed training as correction officer trainees shall be assigned to a period of training as the commissioner shall prescribe. Notwithstanding any civil service law or rules, a correction officer must serve a probationary period of nine months before becoming a full-time permanent employee of the department. Time spent in training shall be considered a part of the probationary period.

Notwithstanding any provision of law to the contrary, but subject to the provisions of section sixty of chapter one hundred and nineteen, no person who has been convicted of a felony or who has been convicted of a misdemeanor and has been confined in any jail or house of correction for said conviction, shall be appointed to any position in the department of correction unless the commissioner certifies that such appointment will contribute substantially to the work of the department; provided, however that no such person shall be appointed to the position of correction officer, superintendent, deputy superintendent, assistant superintendent, or any position involving the regulation of state or county correctional facilities.

The commissioner may expend such sums as may be appropriated or otherwise received to maintain and operate the training academy and other training centers and programs and maintain trainees and employees during any period of training.