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Section 127 - Special State Police Officers; Powers and Duties

MA Gen L ch 127 § 127 (2019) (N/A)
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Section 127. The governor, upon the written recommendation of the commissioner or the chairman of the parole board, may appoint any employee of the department of correction or the parole board, respectively, a special state police officer for a term of three years, unless sooner removed. Officers so appointed may serve warrants issued by the governor, the commissioner or the parole board and orders of removal or transfer of prisoners issued by the commissioner and warrants issued by any court or trial justice in the commonwealth for the arrest of a person charged with the crime of escape or attempt to escape from a penal institution or from the custody of an officer while being conveyed to or from any such institution, and may perform police duty about the premises of penal institutions. Such special state police officers of the parole board may also perform police duties: (1) when on official duty as a parole officer and in the company of an on-duty police officer or state police officer during the course of such police officers official duties; (2) to serve arrest warrants issued by any court in the commonwealth for the arrest of any person charged with any crime; (3) when arresting parolees pursuant to warrants or detainers of the parole board or transporting said parolees, over individuals who attempt or threaten to interfere with such special state police officers of the parole board in the performance of their duties; (4) on the premises of parole board facilities, which facilities shall include locations where the board is conducting a hearing or other board business; (5) including applying for and executing search warrants in the course of an investigation of parole violations, and upon complaint on oath that such special state police officer has probable cause to believe that the parolee, for whom a current parole arrest warrant is outstanding, is concealed within a house, place, vessel anywhere within the commonwealth or territorial waters thereof or vehicle of another; (6) including, after such applying for and executing search warrants in the course of an investigation of parole violations after notifying the appropriate local police department or the state police and upon complaint on oath that such special state police officer has probable cause to believe that stolen or embezzled property or property obtained by false pretenses, property which has been used as the means of committing a crime, property which has been concealed to prevent a crime from being discovered or property which is unlawfully possessed or kept or concealed for an unlawful purpose is in the possession or control of a parolee; and (7) including applying for and executing search warrants in the course of an investigation of parole violations, and upon complaint on oath that such special state police officer reasonably believes that evidence of a parole violation is concealed on such parolee's person or under such parolee's exclusive control. Whenever evidence of a crime has been discovered by such special state police officer, the appropriate local police department or state police shall be notified immediately. Such special state police officers of the investigative and fugitive apprehension unit of the department of correction may also perform police duties: (1) when on official duty as such a special state police officer of said investigative and fugitive apprehension unit, and in the company of an on-duty police officer or state police officer during the course of such police officer's official duties; (2) to serve arrest warrants or escape warrants issued by any court in the commonwealth for the arrest of any person charged with any crime; and (3) when arresting escapees pursuant to arrest warrants or transporting said escapees, over individuals who attempt or threaten to interfere with such special state police officers of said investigative and fugitive apprehension unit in the performance of their duties.

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