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  • PART IV CRIMES, PUNISHMENTS AND PROCEEDINGSIN CRIMINAL CASES
    (Chapters 263 through 280)
  • 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

[ Text of section effective until July 1, 2011. For text effective July 1, 2011, see below.]

  Section 99. The commissioner of probation shall supervise the probation work in all of the courts of the commonwealth and for such purposes he and his staff shall have access to all probation records of said courts. Subject to the approval of the chief justice for administration and management, the commissioner shall establish reports and forms to be maintained by probation officers; procedures to be followed by probation officers; standards and rules of probation work, including methods and procedures of investigation, mediation, supervision, case work, record keeping, accounting, caseload and case management. The commissioner shall promulgate rules and regulations concerning probation officers or offices provided said rules and regulations have been approved in writing by the chief justice for administration and management subject to chapter one hundred and fifty E. The commissioner shall assist the chief justice for administration and management in developing standards and procedures for the performance evaluation of probation officers, and shall assist each first justice in evaluating the work performance of probation officers. The commissioner shall 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. The commissioner shall 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 he shall determine. He shall conduct research studies relating to crime and delinquency, and, may participate with other public and private agencies in joint research studies. The commissioner shall have the responsibility for assessing the needs of probation offices and assisting the first justices in this effort. He may recommend to first justices, or the chief justice for administration and management the appointment and assignment of additional probation or clerical personnel or both. The commissioner shall annually submit written budget recommendations for the probation service to the chief justice for administration and management. These recommendations shall be in addition to the budget requests submitted by the first justices on behalf of their respective courthouse or courthouses, including probation offices. The commissioner shall annually conduct regional meetings with chief probation officers to discuss the budget needs of the local probation offices. The commissioner may hold conferences on probation throughout the commonwealth. The traveling expenses of trial court justices or probation officers authorized by the chief justice for administration and management to attend any such conference shall be paid by the commonwealth.

Chapter 276: Section 99. Powers and duties of commissioner of probation

[ Text of section as amended by 2011, 93, Sec. 124A effective July 1, 2011 until the appointment of a court administrator. See 2011, 93, Secs. 133 and 138. For text effective until July 1, 2011, see above. For text effective upon the appointment of a court administrator, see below.]

  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 for administration and management, 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 chief justice for administration and management subject to chapter 150E;

  (4) assist the chief justice for administration and management 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 chief justice for administration and management, 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 chief justice for administration and management to attend any such conference shall be paid by the commonwealth.

Chapter 276: Section 99. Powers and duties of commissioner of probation

[ Text of section as amended by 2011, 93, Sec. 124B effective upon the appointment of a court administrator. See 2011, 93, Sec. 132. For text effective until the appointment of a court administrator, see above.]

  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.