reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 74 - Judgment for Whole or Part of Penalty

Section 74. If the penalty of a recognizance of a party or witness in a criminal prosecution is adjudged forfeited, the court may render judgment, upon such terms as it may order, against the principal or surety, or both, for the whole of the penalty with interest, or, in its discretion, for a part thereof, upon the filing in the case of a certificate of the district attorney or prosecuting officer stating that the interests of justice would be furthered thereby and setting forth specifically the reasons therefor; and no person shall, on behalf of the commonwealth, accept in satisfaction of any such judgment or any new judgment entered on review under section seventy-six any sum less than the full amount thereof.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 75 - Neglect, Omissions or Defects as Defeating Action

Section 75. Such action shall not be barred or defeated, nor shall judgment be arrested, by reason of neglect or omission to note or record the default of any principal or surety at the time when it happens, nor by reason of a defect in the form of the recognizance, if it sufficiently appears from the tenor thereof at what court the party or witness was bound to appear, and that the court or magistrate before whom it was taken was authorized to require and take such recognizance.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 76 - Review and Rehearing of Case After Judgment on Recognizance

Section 76. A court which has rendered judgment on a recognizance may, upon petition of any person interested, stating the ground relied upon and filed in said court, grant a review and a rehearing of the case, upon the surrender or recaption of the prisoner who was released, or for any sufficient cause which has occurred or been ascertained by the person interested after the rendition of such judgment, or at such time as not to have afforded opportunity for presenting the same in evidence.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 77 - Service of Notice and Copy of Petition; Return Day

Section 77. Notice of the petition and a copy thereof shall be given to or served upon the district attorney for the county where the petition is pending fourteen days at least before the return day expressed therein, and such notice shall be returnable on the first Monday of the first or second month after the filing of the petition.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 78 - Proceedings if Former Judgment Diminished, etc.; Costs

Section 78. If the court finds that a part of the judgment has been actually paid to or for the commonwealth upon the recognizance or judgment and orders the judgment to be reversed or entered for a less amount than has been so actually paid, it may order the amount of the difference between the payment and the new judgment to be repaid to the person who made the payment or to his legal representatives. The state treasurer shall, upon presentation of a copy of the order certified by the clerk of the court, make said repayment. If, upon such petition, the review is not granted or the original judgment is not altered, the court may award reasonable costs against the petitioner.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 79 - Personal Recognizance and Deposit Instead of Sureties for Release From Custody

Section 79. A person held in custody or committed upon a criminal charge, if entitled to be released on bail, or a person held in custody or committed as a witness to a crime, may, instead of giving surety or sureties, at any time give his personal recognizance to appear before the court and deposit the amount of the bail which he is ordered to furnish, or bonds or a properly assigned bank book, of the kind and in the amount and under the conditions set forth in section fifty-seven for making deposit of like nature, with the court, clerk of the court or magistrate authorized to take such recognizance, who shall give him a certificate thereof, and upon delivering said certificate to the officer in whose custody he is, shall be released. The court or magistrate shall forthwith, upon receipt of such amount, deposit it with the clerk of the court.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 80 - Forfeiture of Deposit on Default; Sale of Bonds; Collection on Bank Books; Payments to State Treasurer

Section 80. At any time after default of the defendant, the court may order forfeited the money, bonds or bank books deposited at the time of the recognizance and the court or clerk of the court with whom the deposit was made shall thereupon pay to the state treasurer any money so deposited. The clerk of the court shall immediately proceed to sell any bonds so deposited either at public or private sale, and shall forthwith pay the proceeds thereof, after deducting all expenses connected with such sale, to the state treasurer and if bank books are so deposited, the said clerk shall collect the amount of bail from the depository, and pay the same, less the expense of collection, to the state treasurer.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 81 - Defendant Surrendering Self; Return of Deposit

Section 81. The defendant may surrender himself at any time before a default, in the same manner as sureties in criminal cases may surrender their principal, and the court shall thereupon order the bank books to be reassigned and the money or bonds so deposited to be returned to the person in whose name the deposit is made or to his order. At any time after default, on the surrender or recaption of the defendant, the court may order the whole or any part of the money so deposited or of the bonds, or of the amount of the net proceeds of the sale of said bonds, or the bank books, or the whole or any part of the amount collected from the depository thereunder, to be returned to the person in whose name the deposit is made or to his order. If the amount realized by sale or collection pursuant to the preceding section exceeds the amount of the recognizance, the court shall, on an application made at any time, order such excess to be returned to the party found by the court to be entitled thereto. The foregoing provisions shall apply to cases in which forfeiture has been ordered.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 82 - Magistrates Authorized to Admit Prisoners to Bail

Section 82. The term ''magistrate'', in any section of the statutes which provides for admitting persons to bail in criminal cases, shall be construed to include a bail commissioner or special magistrate, so far as to give him authority to admit prisoners to bail.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 82a - Failure to Appear in Court After Release on Bail or Recognizance; Penalty

Section 82A. A person who is released by court order or other lawful authority on bail or recognizance on condition that he will appear personally at a specified time and place and who fails without sufficient excuse to so appear shall be punished by a fine of not more than ten thousand dollars or by imprisonment in a house of correction for not more than one year, or both, in the case of a misdemeanor, and by a fine of not more than fifty thousand dollars and imprisonment in a state prison for not more than five years, or a house of correction for not more than two and one-half years, or by fine and imprisonment, in the case of a felony.
A term of imprisonment imposed under this section shall be consecutive to any other sentence of imprisonment for the offense for which the prisoner failed to appear.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 85 - Powers and Duties of Probation Officers

Section 85. Each person who receives an appointment as a probation officer shall, within six months of the date of his appointment, attend a basic orientation training course conducted by the commissioner of probation pursuant to section ninety-nine. All probation officers shall attend at least every three years an in-service training course pursuant to this section. In addition to the other duties imposed upon him, each probation officer shall, as the court may direct, inquire into the nature of every criminal case brought before the court under the appointment of which he acts, and inform the court, so far as is possible, whether the defendant has previously been convicted of crime and in the case of a criminal prosecution before said court charging a person with an offence punishable by imprisonment for more than one year the probation officer shall in any event present to the court such information as the commissioner of probation has in his possession relative to prior criminal prosecutions, if any, of such person and to the disposition of each such prosecution, and all other available information relative thereto, before such person is admitted to bail in court and also before disposition of the case against him by sentence, or placing on file or probation. Such record of the probation officer presented to the court shall not contain as part thereof any information of prior criminal prosecutions, if any, of the defendant wherein the defendant was found not guilty by the court or jury in said prior criminal prosecution. Prior to the aforesaid disposition such record of the probation officer shall be made available to the defendant and his counsel for inspection. When it comes to the knowledge of a probation officer that the defendant in a criminal case before his court charged with an offence punishable by imprisonment is then on probation in another court or is then at liberty on parole or on a permit to be at liberty, such probation officer shall forthwith certify the fact of the presence of the defendant before his court to the probation officer of such other court or the parole authorities granting or issuing such parole or permit to be at liberty, as the case may be. He may recommend to the justice of his own court that any person convicted be placed on probation. He shall perform such other duties as the court requires. He shall keep full records of all cases investigated by him or placed in his care by the court, and of all duties performed by him. Every person released upon probation shall be given by the probation officer a written statement of the terms and conditions of the release.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 85a - Probation Officers of the Probate Court; Support and Maintenance Enforcement

Section 85A. In addition to other duties, a probation officer of the probate court may, when ordered to do so by the court, examine all records and files in divorce, legal separation, annulment, custody and paternity cases in which orders or decrees have been entered to ascertain whether the persons to whom payments of money should have been made regularly received the various and definite amounts provided for in the orders or decrees of the court and, where there are dependent minor children, that the same are applied for the support, maintenance, education and betterment of said dependent minor children, and that said dependent minor children are properly cared for by their custodian. Said officers shall bring into court when necessary, by citation or otherwise, all persons who are delinquent in making payments ordered or decreed by the court and shall ascertain in the case of dependent minor children whether they are receiving proper maintenance and education and whether they are liable to become public charges. Consistent with these and other duties, a probation officer shall assist the IV–D agency, as set forth in chapter one hundred and nineteen A to enforce child support orders.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 85b - Probation Officers of the Probate Court; Collection of Delinquent Payments Due Under Order of the Court; Recommendations to the Court

Section 85B. Said probation officer shall have full power, by citation or other order duly issued by the probate court, to compel the attendance of witnesses to take testimony and do each and every thing necessary, including initiating contempt proceedings, to collect any and all delinquent payments due to any person entitled under order or decree of said court to receive payments, to make recommendations to the probate court, where there are dependent minor children, for the betterment of the conditions of said dependent minor children and to ascertain when requested to do so by the court the moral and general conditions surrounding said dependent minor children and shall report the result of such findings to said court.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 87 - Placing Certain Persons in Care of Probation Officer

Section 87. The superior court, any district court and any juvenile court may place on probation in the care of its probation officer any person before it charged with an offense or a crime for such time and upon such conditions as it deems proper, with the defendant's consent, before trial and before a plea of guilty, or in any case after a finding or verdict of guilty; provided, that, in the case of any child under the age of 18 placed upon probation by the superior court, he may be placed in the care of a probation officer of any district court or of any juvenile court, within the judicial district of which such child resides; and provided further, that no person convicted under section twenty-two A, 22B, 22C, 24B or subsection (b) of section 50 of chapter two hundred and sixty-five or section thirty-five A of chapter two hundred and seventy-two shall, if it appears that he has previously been convicted under said sections and was eighteen years of age or older at the time of committing the offense for which he was so convicted, be released on parole or probation prior to the completion of five years of his sentence.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 87a - Conditions of Probation

Section 87A. The conditions of probation imposed by a court upon a person pursuant to section eighty-seven of this chapter, section fifty-eight of chapter one hundred and nineteen or section one or section one A of chapter two hundred and seventy-nine, may include, but shall not be limited to, participation by said person in specified rehabilitative programs or performance by said person of specified community service work for a stated period of time. If the court requires as a condition of probation that the defendant reside in alcohol and drug free housing within the commonwealth, the judge issuing the order shall require the probation officer to refer the defendant only to alcohol and drug free housing certified under section 18A of chapter 17 and the probation officer shall require the defendant to reside in such certified housing in order to satisfy such condition. If accredited alcohol and drug free housing is not available, the judge issuing the order may permit the probation officer to refer the person placed on supervised probation to alcohol and substance free housing that is available and that, in the judge's discretion, appropriately supports the recovery goals of the person. If the court imposes as a condition of probation that the person reside in alcohol and drug free housing in another state, the judge issuing the order may permit the probation officer to refer the person to alcohol and drug free housing that, in the judge's discretion, appropriately supports the recovery goals of the person. No person placed on probation shall be found to have violated a condition of probation: (i) solely on the basis of possession or use of a controlled substance that has been lawfully dispensed pursuant to a valid prescription to that person by a health professional registered to prescribe a controlled substance pursuant to chapter 94C and acting within the lawful scope of the health professional's practice; or (ii) solely on the basis of possession or use of medical marijuana obtained in compliance with and in quantities consistent with applicable state regulations if that person received a written certification from a healthcare professional for the use of medical marijuana to treat a debilitating medical condition and the person possesses a valid medical marijuana registration card and if the quantity in the person's possession is not greater than the amount recommended in the healthcare professional's written certification. If a person is required to submit a DNA sample pursuant to chapter 22E, such submittal and compliance with chapter 22E shall be required as a condition of probation.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 88 - Clerical Assistance

Section 88. Every court appointing probation officers may employ such clerical assistance as it deems necessary to keep, index and consolidate the records required to be kept by probation officers and for such other work in connection with its probation service as the court may determine. The compensation for such service, together with such other necessary expenses as the court shall incur in connection with such work, shall be paid by the commonwealth upon vouchers approved by said court.
The administrative justices for the district court and juvenile court departments, in consultation with the commissioner of probation, may designate and redesignate such divisions thereof, including in such term the Boston juvenile court, the Worcester juvenile court, the Bristol county juvenile court and the Springfield juvenile court, within each of the counties of the commonwealth as in the opinion of said administrative justices should join in the establishment of a probation district office for the clerical service of the probation officers of the divisions thereof so designated or redesignated and said divisions so designated or redesignated shall thereupon consult with the court administrator of the trial court and the commissioner of probation as to the establishment of such a probation district office, and shall join in the employment of such clerical assistance as is necessary to keep, index and consolidate the records in such form as may be required by the commissioner of probation in connection with the probation service of the said courts. The compensation for such service, together with such other necessary expenses as the courts shall incur in connection with such work, shall be paid by the commonwealth upon vouchers approved by one of the justices of said courts, designated by said administrative justices.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 89a - Counsellors to Juvenile Offenders

Section 89A. The superior court or the justice of a district court may appoint deputy probation officers who shall serve without compensation as counsellors to children under the age of 18 who have been placed in the care of probation officers under section eighty-seven in order that such children may receive to a greater degree individual attention and guidance. Deputy probation officers shall perform their services under the direction of probation officers. Deputy probation officers may be reimbursed by the commonwealth upon voucher approved by the court to which they are assigned for necessary expenses incurred by them in the course of their duties.
The court administrator, in consultation with the commissioner of probation, may apply for and accept federal grants or assistance for the purpose of defraying the costs of additional clerical assistance, equipment, books, materials and other expenses incident to the services which such deputy probation officers perform.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 89b - Probation Officers Appointed to Exclusively Supervise Young Adults; Selection; Training

Section 89B. Probation officers appointed under subsection (f) of section 83 may be designated by the commissioner of probation to exclusively supervise young adults, who are 18 to 24 years of age and have been placed in the care of probation officers under section 87, so that these individuals may benefit from age appropriate guidance, targeted interventions and a greater degree of individual attention.
Probation officers designated under this section shall be selected based on their demonstrated experience and commitment to working with young adults and shall perform their services under the direction of the commissioner.
Probation officers designated under this section shall receive specialized training on topics including but not limited to: (i) supervising and counseling young adults; (ii) psycho-social and behavioral development of young adults; (iii) cultural competency; (iv) rehabilitation of young adults; (v) educational programs; and (vi) relevant community-based services and programs.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 90 - Powers of Probation Officers; Reports; Records; Inspection

Section 90. A probation officer shall not be an active member of the regular police force, but so far as necessary in the performance of his official duties shall, except as otherwise provided, have all the powers of a police officer, and if appointed by the superior court may, by its direction, act in any part of the commonwealth. He shall report to the court, and his records may at all times be inspected by police officials of the towns of the commonwealth; provided, that his records in cases arising under sections fifty-two to fifty-nine, inclusive, of chapter one hundred and nineteen shall not be open to inspection without the consent of a justice of his court.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 91 - Power of Probation Officers Appointed by Boston Juvenile Court to Serve Process

Section 91. Probation officers appointed by the Boston juvenile court may serve such process as may be directed to them by the court.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 92 - Restitution or Reparation to Injured Person Through Probation Officer

Section 92. If a person is placed on probation upon condition that he make restitution or reparation to the person injured by him in the commission of his offence, and payment is not made at once, the court may order that it shall be made to the probation officer, who shall give receipts for and keep record of all payments made to him, pay the money to the person injured and keep his receipt therefor, and notify the clerk of the court whenever the full amount of the money is received or paid in accordance with such order or with any modification thereof.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 93 - Payment to Treasurer of Unclaimed Money Collected by Probation Officer

Section 93. Except as provided by section one of chapter two hundred and seventy-nine, money collected by a probation officer under order of the court by which he is appointed, if unclaimed after one year from the time of its collection, shall, upon further order of the court, be paid to the treasurer provided, that any part of the said money may be paid to persons establishing before the comptroller a lawful claim thereto within five years of its payment to said treasurer, unless sooner paid over by order of the said commissioners.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 94 - Expenses of Probation Officers

Section 94. The reasonable expenses, including supplies and equipment, incurred by probation officers of the superior court and the probate court in the performance of their duties shall be approved and apportioned by the court, and paid by the commonwealth. Such reasonable expenses shall include the traveling expenses necessarily incurred by such a probation officer in connection with attendance at sessions of said court outside of the town in which the principal office of such probation officer is maintained, such expenses to be computed from and to said town. Money to be used for the necessary expenses to be incurred by such a probation officer in going outside the commonwealth for the purpose of bringing back for surrender to the court a person who is on probation shall be advanced by the treasurer of the commonwealth, upon presentation of a certificate signed by the probation officer and approved by said court. After his return such probation officer shall account for such money by filing with said state treasurer itemized vouchers, duly sworn to, approved by the court, setting forth the necessary expenses so incurred and any unexpended balance of such money shall be paid to said state treasurer. Subject to section eighty-one of chapter two hundred and eighteen, probation officers of district courts and of the Boston, Worcester, Bristol county and Springfield juvenile courts shall be reimbursed by the commonwealth for their actual disbursements for necessary expenses incurred while in the performance of their duties, including their reasonable traveling expenses in attending conferences authorized by section ninety-nine, not exceeding four hundred dollars to each in any one year, upon vouchers approved by the court by which they are appointed.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 95 - Temporary Support or Transportation of Probationers

Section 95. The superior courts or the Boston, Springfield, Bristol county and Worcester juvenile courts or a district court, except the municipal court of the city of Boston, may authorize a probation officer to expend such amount as the court considers expedient for the temporary support or transportation, or both, of a person placed on probation. A record of any amount so authorized shall be entered on the clerk's docket of the case.
The chief probation officer of the municipal court of the city of Boston may provide for the temporary support or transportation, or both, of a person placed on probation in said court, or for the relief of the immediate distress of such person, in any manner which he may deem proper, and for these purposes may annually expend a sum not exceeding two thousand dollars for all such cases of relief. At the end of each month said chief probation officer shall submit to the administrative justice of said court a list of the expenses so incurred, with proper vouchers, and upon approval of the administrative justice the amount thereof shall be paid to the chief probation officer by the commonwealth.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 96 - Penalty for Refusal or Neglect of Duties by Probation Officer

Section 96. Any probation officer who refuses or neglects to perform any of the duties required of him shall forfeit two hundred dollars to the use of the commonwealth.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 97 - Interference With Duties of Department of Youth Services

Section 97. Sections eighty-three to ninety-six, inclusive, shall not authorize a probation officer to interfere with any of the duties required of the department of youth services under the law relative to juvenile offenders.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 98a - Advisory Board to Commissioner of Probation and Court Administrator

Section 98A. There shall be a board to advise the commissioner of probation and the court administrator. The board shall make recommendations on the management of the office of probation. The board shall consist of 9 members to be appointed by the supreme judicial court: 2 persons who have significant experience in criminal justice, 2 persons who have significant experience in public policy, 2 persons who have significant experience in management, 1 person who has significant experience in human resources management, 1 person who is a member of the Massachusetts bar with active status and 1 person with significant experience as a probation officer. Upon the expiration of the term of any appointive member, the member's successor shall be appointed in a like manner for a term of 3 years. In making their initial appointments, the supreme judicial court shall appoint 2 members to serve for a term of 1 year, 4 members to serve for a term of 2 years and 3 members to serve for a term of 3 years.
A person appointed to fill a vacancy on the board shall be appointed in like manner and shall serve for only the unexpired term of the former member. No member shall serve for more than 2 full terms. The board shall annually elect 1 of its members to serve as chair and 1 of its members to serve as vice-chair. The chair shall hold regular meetings and shall notify the board members of the time and place of the meetings.
Members of the board shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of their official duties. The court administrator shall serve as the executive secretary of the board and the office of probation shall provide, at the request of the board, detailed reports regarding the work of probation in the court.
The board shall advise the commissioner of probation and the court administrator on all matters of probation reform. The board shall make recommendations to the commissioner of probation and the court administrator and shall forward such recommendations to the house and senate committees on ways and means.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 99 - Powers and Duties of Commissioner of Probation

Section 99. The commissioner shall have executive control and supervision of the probation service and shall have the power to:
(1) supervise the probation work in all of the courts of the commonwealth and, for such purposes, the commissioner and the commissioner's staff shall have access to all probation records of those courts;
(2) subject to the approval of the chief justice of the trial court, establish reports and forms to be maintained by probation officers, establish procedures to be followed by probation officers and establish standards and rules of probation work, including methods and procedures of investigation, mediation, supervision, case work, record keeping, accounting and caseload and case management;
(3) promulgate rules and regulations concerning probation officers or offices; provided, however, that such rules and regulations shall be approved in writing by the court administrator subject to chapter 150E;
(4) assist the court administrator in developing standards and procedures for the performance evaluation of probation officers and assist each first justice in evaluating the work performance of probation officers; provided, however, that in the event of any conflict between this clause and a term of an applicable collective bargaining agreement, the term of the collective bargaining agreement shall take precedence;
(5) receive all notices of intended disciplinary action against a probation officer or supervising probation officer, including reprimand, fine, suspension, demotion or discharge, that may be initiated by a first justice, supervisor or chief probation officer;
(6) develop and conduct basic orientation and in-service training programs for probation officers, such programs to be held at such times and for such periods as the commissioner shall determine;
(7) conduct research studies relating to crime and delinquency; provided, however, that the commissioner may participate with other public and private agencies in joint research studies;
(8) annually submit written budget recommendations for the probation service to the the court administrator, which shall be in addition to the budget requests submitted by the first justices on behalf of their respective courthouse or courthouses, including probation offices;
(9) annually conduct regional meetings with chief probation officers to discuss the budget needs of the local probation offices; and
(10) hold conferences on probation throughout the commonwealth; provided, however, that the traveling expenses of trial court justices or probation officers authorized by the court administrator to attend any such conference shall be paid by the commonwealth.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 99b - Probation Officers; Compensation

Section 99B. (1) In those courts or regions having fewer than fifteen probation officers, all persons serving as chief probation officer or acting chief probation officer shall be allocated to the title of Chief or Acting Chief Probation Officer I, and in those courts or regions having fifteen or more probation officers, all persons so-serving shall be allocated to the title of Chief or Acting Chief Probation Officer II.
(2) All probation officers, except the chief probation officer, shall be compensated in accordance with the provisions of the applicable collective bargaining agreement, pursuant to the provisions of chapter one hundred and fifty E. The salaries of chief probation officers and acting chief probation officers shall be paid by the commonwealth in accordance with a schedule of salaries as recommended in writing by the chief administrative justice of the trial court and filed with the house and senate committees on ways and means.
(3) Upon initial appointment, a probation officer shall be compensated at the minimum of said salary schedule for his group or, if he shall have had prior service as a probation officer or shall, in the judgment of the committee on probation, have had years of similar service in allied fields, the step for such group to which his years of prior service entitle him.
(4) Upon completion of each year of service, a probation officer shall be compensated at the next higher step, if any, of said salary schedule for his group.
(5) Upon promotion (including, in the case of a chief probation officer, a change in his class due to an increase in the number of probation officers his probation office has), a probation officer shall be compensated at the lowest step of his new group which is at least one increment of his new group, but less than two such increments, higher than his salary immediately prior to such promotion, and upon the completion of each year of service in his new group, shall be compensated at the next higher step, if any, of said salary schedule for such new group. Notwithstanding any other provision of this section, no chief probation officer shall receive a salary less than the next increment greater than the salary received by the first assistant chief probation officer in the same court.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 99e - Indigency; Interagency Service Agreements; Income Data Verification

Section 99E. (a) The commissioner of probation shall enter into an interagency service agreement with the department of revenue to verify income data and other information relevant to the determination of indigency of recipients of counsel pursuant to section 2 of chapter 211D.
(b) The commissioner of probation shall enter into an interagency service agreement with the department of transitional assistance to verify income data and other information relevant to the determination of indigency of recipients of counsel pursuant to section 2 of chapter 211D.
(c) The commissioner of probation shall enter into an interagency service agreement with the department of medical assistance to verify income data and other information relevant to the determination of indigency of recipients of counsel pursuant to section 2 of chapter 211D.
(d) The commissioner of probation shall enter into an interagency service agreement with the registry of motor vehicles to verify the statements on motor vehicle ownership or nonownership by recipients of counsel pursuant to section 2 of chapter 211D.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 99g - Pretrial Services Initiative; Supervisor of Pretrial Services; Duties; Staff; Reports

Section 99G. (a) There shall be in the office of probation a pretrial services initiative, hereinafter referred to as pretrial services. Pretrial services shall be led by a supervisor of pretrial services. The supervisor shall be a person of ability and experience in the pretrial process who shall be chosen and appointed by the commissioner of probation.
(b) Pretrial services shall perform the following duties for the departments of the trial court of the commonwealth: (i) develop, in coordination with the court and other criminal justice agencies, programs to minimize unnecessary pretrial detention; and (ii) provide notifications and reminders to defendants of court appearance obligations to reduce the risk of accidental defaults.
(c) Pretrial services may be provided with probation staff, including community correction staff, as determined by the commissioner of probation.
(d) The supervisor of pretrial services shall submit annual reports to the commissioner of probation, the chief justice of the trial court, the court administrator, the chief justice of the supreme judicial court and the clerks of the house of representatives and the senate who shall forward the report to the chairs of the joint committee on the judiciary. The report shall include, but not be limited to, if available: (i) analysis on demographics of the pretrial population, including age, race and gender; (ii) appearance and default rates; (iii) conditions imposed upon release; and (iv) any other analytical data deemed appropriate; provided, however, that any data included in the report shall be presented only in aggregated form so that no individual can be identified.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 100 - Detailed Reports of Probation Work; Records; Accessibility of Information

Section 100. Every probation officer, or the chief or senior probation officer of a court having more than one probation officer, shall transmit to the commissioner of probation, in such form and at such times as he shall require, detailed reports regarding the work of probation in the court, and the commissioner of correction, the penal institutions commissioner of Boston and the county commissioners of counties other than Suffolk shall transmit to the commissioner, as aforesaid, detailed and complete records relative to all paroles and permits to be at liberty granted or issued by them, respectively, to the revoking of the same and to the length of time served on each sentence to imprisonment by each prisoner so released specifying the institution where each such sentence was served; and under the direction of the commissioner a record shall be kept of all such cases as the commissioner may require for the information of the justices and probation officers. Police officials shall co-operate with the commissioner and the probation officers in obtaining and reporting information concerning persons on probation. The information so obtained and recorded shall not be regarded as public records and shall not be open for public inspection but shall be accessible to the justices and probation officers of the courts, to the police commissioner for the city of Boston, to all chiefs of police and city marshals, and to such departments of the state and local governments as the commissioner may determine. Upon payment of a fee of three dollars for each search, such records shall be accessible to such departments of the federal government and to such educational and charitable corporations and institutions as the commissioner may determine. The commissioner of correction and the department of youth services shall at all times give to the commissioner and the probation officers such information as may be obtained from the records concerning prisoners under sentence or who have been released. The commissioner may use systems operated by the department of criminal justice information services, pursuant to sections one hundred sixty-seven to one hundred seventy-eight, inclusive, of chapter six, for any record-keeping lawfully required by him provided that such records remain subject to the regulations of said department.