THE DEPARTMENT OF STATE POLICE

M.G.L. pt. Part I, tit. Title II, ch. c. 22C

in effect

M.G.L. c. 22C, § 1 Definitions

c. 22C, § 1. Definitions Section 1. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:— ''AMBER alert plan'', the America's Missing Broadcast Emergency Response Alert Plan authorizing the broadcast media, upon notice from the department, to transmit an emergency alert to inform the public of a child abduction. ''Colonel'', the colonel of state police, the head of the department of state police. ''Department'', the department of state police. ''Commissioned officer'', a member of the state police holding a title of the rank of lieutenant, detective lieutenant, captain or detective captain. ''Noncommissioned officer'', a member of the state police holding a title of sergeant. ''Staff officer'', a member of the state police holding a title of the rank of major, lieutenant colonel or colonel. ''Uniformed member'', member of the state police who has been appointed under the provisions of section ten. ''Veteran'', any person who: (1) comes within the definition of a veteran pursuant to the provisions of the forty-third clause of section seven of chapter four; (2) comes within such definition except that instead of having performed ''wartime service'' as defined therein, he has been awarded the Congressional Medal of Honor or one of the following campaign badges: Second Nicaraguan Campaign, Yangtze Service, Navy Occupation Service, Army of Occupation or Medal for Humane Action; or (3) is a person eligible to receive the Congressional Medal of Honor or one of the campaign badges enumerated in clause (2) and who presents proof of such eligibility which is satisfactory to the personnel administrator; provided that a veteran shall not include active duty for training in the army national guard or air national guard or active duty for training as a reservist in the armed forces of the United States.

M.G.L. c. 22C, § 2 Department; supervision and control

c. 22C, § 2. Department; supervision and control Section 2. There shall be within the executive office of public safety a department of state police under the supervision and control of the colonel of state police.

M.G.L. c. 22C, § 3 Colonel of state police; powers and duties

c. 22C, § 3. Colonel of state police; powers and duties Section 3. The colonel shall be the executive and administrative head of the department and shall have charge of the administration and organization thereof. The colonel may, subject to the approval of the governor and the secretary of public safety and except as otherwise provided, organize such divisions, bureaus, sections and units as the colonel deems necessary for the effective management of the department and, when the colonel deems necessary for such purpose, may abolish or consolidate such divisions, bureaus, sections or units. The colonel shall, except as otherwise provided, direct all inspections and investigations. The colonel shall make all necessary rules and regulations for the government of the department, for reports to be made by employees of the department and for the performance of the duties of said employees. The colonel shall make an annual report to the governor and the secretary of public safety. The governor, upon the recommendation of the secretary of public safety and security, shall appoint the colonel, who shall be qualified by training and experience, to direct the work of the department. At the time of appointment, the colonel shall have not less than 10 years of full-time experience as a sworn law enforcement officer and not less than 5 years of full-time experience in a senior administrative or supervisory position in a police force or a military body with law enforcement responsibilities. The appointment shall constitute an appointment as a uniformed member of the department and shall qualify the colonel to exercise all powers granted to a uniformed member under this chapter. The colonel shall serve at the pleasure of the governor and shall devote their full time during business hours to the duties of the office.

M.G.L. c. 22C, § 4 Divisions; heads of divisions

c. 22C, § 4. Divisions; heads of divisions Section 4. There shall be within the department of state police four divisions which shall be known as: (a) the division of field services; (b) the division of investigation and intelligence; (c) the division of special police services; and (d) the division of support services. The head of each division shall be designated by the colonel and shall hold such rank or temporary rank as the colonel may determine.

M.G.L. c. 22C, § 5 Division of field services

c. 22C, § 5. Division of field services Section 5. There shall be within the division of field services two bureaus, which shall be designated as the bureau of eastern field operations and the bureau of western field operations. The head of each such bureau shall be designated by the colonel and shall hold such rank or temporary rank as the colonel may determine. The colonel may from time to time assign to each such bureau such uniformed members and other employees of the department as he may deem necessary to carry out its duties.

M.G.L. c. 22C, § 6 Division of investigation and intelligence; investigation and prosecution of state firearm crimes; criminal firearms and trafficking unit

c. 22C, § 6. Division of investigation and intelligence; investigation and prosecution of state firearm crimes; criminal firearms and trafficking unit Section 6. There shall be within the division of investigation and intelligence two bureaus, which shall be designated as the bureau of investigative services/eastern region and the bureau of investigative services/western region. The head of each such bureau shall be designated by the colonel and shall hold such rank or temporary rank as the colonel may determine. The colonel may from time to time assign to each such bureau such uniformed members and other employees of the department as he may deem necessary to carry out its duties. Subject to appropriation, the commonwealth fusion center shall assist the offices of the attorney general and district attorneys in the investigation and prosecution of state firearm crimes; provided, however, that the colonel may establish within the division a special unit known as the criminal firearms and trafficking unit to assist the offices of the attorney general and district attorneys in the investigation and prosecution of state firearm crimes.

M.G.L. c. 22C, § 7 Division of special police services

c. 22C, § 7. Division of special police services Section 7. There shall be within the division of special police services three bureaus, which shall be designated as the bureau of facility security, the bureau of motor vehicle enforcement and the bureau of metropolitan district operations which shall provide services, including but not limited to, school crossing guards and the protection of watershed properties managed by the metropolitan district commission. The head of each such bureau shall be designated by the colonel and shall hold such rank or temporary rank as the colonel may determine. The colonel may from time to time assign to each bureau such uniformed members and other employees of the department as he may deem necessary to carry out its duties.

M.G.L. c. 22C, § 8 Division of support services

c. 22C, § 8. Division of support services Section 8. There shall be within the division of support services two bureaus, which shall be designated as the bureau of administrative services and the bureau of technical services. The head of each such bureau shall be designated by the colonel and shall hold such rank or temporary rank as the colonel may determine. The colonel may from time to time assign to said bureau such uniformed members and other employees of the department as he may deem necessary to carry out its duties.

M.G.L. c. 22C, § 9 Experts, clerks and assistants; appointment and removal

c. 22C, § 9. Experts, clerks and assistants; appointment and removal Section 9. The colonel may appoint, transfer and remove experts, clerks and other assistants as he may deem necessary for the operation of the department; provided, however, that all such actions shall be exempt from the provisions of chapter thirty-one; and provided, further, that such positions shall be subject to the provisions of sections forty-five, forty-six and forty-six C of chapter thirty.

M.G.L. c. 22C, § 10 Appointments to department of state police; governor's authorization; restrictions

c. 22C, § 10. Appointments to department of state police; governor's authorization; restrictions Section 10. Whenever the governor shall deem it necessary to provide more effectively for the protection of persons and property and for the maintenance of law and order in the commonwealth, such officer may authorize, in writing, the colonel to make appointments to the department of state police, together with such other employees as the governor may deem necessary for the proper administration thereof. The appointment of the officers herein provided for shall be by enlistment and such appointees shall be exempt from the requirements of chapter thirty-one; provided, however, that the classification of such positions shall be subject to the provisions of section forty-five of chapter thirty. Said officers shall have and exercise within the commonwealth all the powers of constables, except the service of civil process, and of police officers and watchmen. The colonel may, subject to the provisions of this chapter and of chapter one hundred and fifty E, make rules and regulations for the force, including matters pertaining to the discipline, organization, government, training, compensation, equipment, rank structure, and means of swift transportation; provided that no member of said force shall be used or called upon for service in any industrial dispute, unless actual violence has occurred therein, and then only by order, in writing, of the governor. Any member of said force violating any of the rules and regulations for said force shall be subject to discipline and discharge in accordance with said rules and regulations. The colonel may expend annually for the expenses of administration, organization, government, training, compensation, equipment and maintenance such amount as the general court may appropriate. No person who has not attained the age of 21 shall be enlisted for the first time as an officer of the state police. No person shall be eligible to take a competitive examination conducted pursuant to section 11 if the person has attained the age of 35 on or before the final date for the filing of applications for such examination, as stated in the examination notice. Subsequent to January first, nineteen hundred and eighty-eight, no person who smokes any tobacco product shall be eligible for appointment as a uniformed member of the department of state police, and no person so appointed after said date shall continue in such office or position if such person thereafter smokes any tobacco product; the personnel administrator shall promulgate regulations for the implementation of the provisions of this sentence. No person shall be enlisted as an officer of the state police until such officer shall have undergone an initial medical and physical fitness examination and shall have met such initial medical and physical fitness standards as prescribed by rules and regulations promulgated by the colonel. A person shall not be enlisted as a uniformed member of the state police except in accordance with this section and section 11; provided, however, that other than for an appointment made pursuant to section 3, a person employed as a police officer for an agency other than the department of state police, including, but not limited to, an agency of the commonwealth or any political subdivision of the commonwealth, shall not be allowed to transfer into a position as a uniformed member of the state police. Except as otherwise provided, no officer appointed under this section shall be denied continued enlistment if such officer has served satisfactorily for six years or more; provided, however, that as a condition of such continued enlistment such officer shall undergo a biennial in-service medical and physical fitness examination and shall meet such in-service medical and physical fitness standards as prescribed by rules and regulations by the colonel to ensure that any such officer appointed under this section is physically able to perform the necessary duties and functions necessary to the normal operation of the department of state police. If any such officer fails to meet such in-service standards, such officer shall be eligible to undergo a reexamination within sixty days of the date of the in-service medical or physical fitness examination failed. If such officer fails the reexamination, such officer shall be eligible to undergo a second reexamination within ninety days of the date of the first reexamination. If such officer fails to pass the second reexamination, such officer's continued enlistment shall be denied; provided, however, that if the failure to meet such in-service standards is due to a temporary injury, illness or incapacity, such officer shall continue to be employed with duties adapted to such injury, illness or incapacity until such time as such officer shall pass such in-service standards. An officer whose continued enlistment is denied because of such officer's failure to meet such in-service medical or physical fitness standards shall not be presumed by virtue of said denial to be disabled for the purposes of chapter thirty-two. The colonel may assign, reassign or transfer any uniformed member of the state police at any time to any duties in any of said divisions or said bureaus within the department. All such uniformed members within the department without exception and regardless of rank, assignment or duties regularly performed shall be subject to all duties of the uniformed members of the state police including, but not limited to, emergency duties.

M.G.L. c. 22C, § 10A State police cadet program

c. 22C, § 10A. State police cadet program Section 10A. The colonel may establish a cadet program within the department and may admit as a state police cadet, for a period of full-time on the job training, a citizen resident in the commonwealth who: (i) is not less than 19 years of age and not more than 25 years of age; (ii) would otherwise be found suitable for appointment for initial enlistment as a uniformed member of the state police pursuant to sections 10, 11 and 14, with the exception of the physical fitness standards therein; (iii) has passed a qualifying physical fitness examination, as determined by the colonel; and (iv) has passed a qualifying examination, as determined by the colonel. The qualifying examination shall be conducted under the direction of the colonel who shall, after consultation with the personnel administrator, determine its form, method and subject matter. The qualifying examination shall fairly test the applicant's knowledge, skills and abilities that can be fairly and reliably measured and that are actually required to perform the primary or dominant duties of the position of state police cadet. A person who has attained the age of 19 on or before the final date for the filing of applications for the state police cadet program shall be eligible to take the qualifying examination for the state police cadet program. A person who has attained the age of 26 on or before the final date for the filing of applications for the state police cadet program shall not be eligible to take the qualifying examination for the state police cadet program. Admission as a state police cadet shall not be subject to the civil service law or rules and a state police cadet shall not be entitled to any benefits of such law or rules. The colonel shall immediately report, in writing, any admission as a state police cadet made pursuant to this section to the secretary of public safety and security and the personnel administrator. Admission shall be for a term of service of not less than 12 months as determined by the department and may be terminated at any time. A state police cadet's term of service shall be terminated if the state police cadet fails to maintain a passing grade in any course of study required by the colonel. A state police cadet shall be required to meet the physical fitness standards required for appointment for initial enlistment as a uniformed member of the state police within 12 months of the state police cadet's admission to the state police cadet program. A state police cadet shall be an at-will employee. A state police cadet shall receive such compensation and such leave with pay as the colonel shall determine in consultation with the personnel administrator. The colonel shall establish requirements for successful completion of the state police cadet program. The colonel shall determine the duties and responsibilities of state police cadets. A state police cadet shall not carry arms and shall not have any power of arrest other than that of an ordinary citizen. A state police cadet shall be considered an employee of the commonwealth.

M.G.L. c. 22C, § 11 Appointment for initial enlistment; competitive examination; eligible list

c. 22C, § 11. Appointment for initial enlistment; competitive examination; eligible list Section 11. Each appointment for initial enlistment as a uniformed member of the state police shall be made from a list established as the result of a competitive examination conducted under the direction of the colonel, after consultation with the personnel administrator, who shall determine their form, method and subject matter. Each such competitive examination shall fairly test the knowledge, skills, and abilities which can be fairly and reliably measured and which are actually required to perform the primary or dominant duties of the position of uniformed member of the state police. The names of persons who pass such examinations for appointment for initial enlistment as a uniformed member shall be placed on an eligible list in the order of their respective scores; provided however, that veterans shall receive two additional points to their score on the examination for the purpose of such eligible list; and provided, further, that the son or daughter of any uniformed member who passes the written examination for such initial enlistment shall have his or her name placed on said eligible list for such initial enlistment if said uniformed member while in the performance of the uniformed member's duties was killed or sustained injuries which resulted in the uniformed member's death. Any appointment for such initial enlistment shall be made from the first three names on such list who are eligible for such appointment and are willing to accept such appointment. Notwithstanding any provision of this section to the contrary, the colonel may appoint for initial enlistment as a uniformed member of the state police any person who has successfully completed the state police cadet program pursuant to section 10A and who is willing to accept such appointment. Appointment for initial enlistment as a uniformed member of the state police under this paragraph shall terminate that person's admission as a state police cadet. Not more than 1/3 of the total number of appointments to the state police in any single recruit training troop shall be made pursuant to this paragraph. The colonel shall immediately report, in writing, any appointment made pursuant to this paragraph to the personnel administrator. The colonel shall make rules and regulations relative to the right of any applicant for appointment for enlistment to the department of state police to appeal (i) a marking of the applicant's answers to the questions on such promotional examination; (ii) a finding by the colonel that an applicant does not meet the entrance requirements for such examination or exceeds the mandatory entrance age for enlistment; and (iii) the suitability of a question to test the fitness of such member to perform the primary and dominant duties of the position for which the examination was held. The colonel shall promulgate regulations specifying the time within which any vacancy in the department shall be filled.

M.G.L. c. 22C, § 12 Misdemeanors committed in presence of on-duty uniformed member; enforcement powers

c. 22C, § 12. Misdemeanors committed in presence of on-duty uniformed member; enforcement powers Section 12. Any uniformed member of the state police may, upon view of any misdemeanor committed in his presence while on duty, arrest the person committing such misdemeanor, where such misdemeanor was committed in any building or grounds owned or occupied, wholly or in part by the commonwealth, or on streets adjacent to any such building, and shall enforce all traffic rules, regulations and ordinances on streets adjacent to buildings owned or occupied, wholly or in part, by the commonwealth.

M.G.L. c. 22C, § 13 Charges against uniformed member; trial; review: suspension; other disciplinary actions

c. 22C, § 13. Charges against uniformed member; trial; review: suspension; other disciplinary actions Section 13. (a) A uniformed member of the state police who has served for at least 1 year and against whom charges have been preferred shall be tried by a board to be appointed by the colonel or, at the request of the officer, a board consisting of the colonel. A person aggrieved by the finding of the trial board under this subsection may appeal the decision of the trial board under sections 41 to 45, inclusive, of chapter 31. A uniformed officer of the state police who has been dismissed from the state police force after a trial under this subsection, or who resigns while charges to be tried by a trial board are pending against the uniformed officer, shall not be reinstated by the colonel. (b) Notwithstanding subsection (a), the colonel may administratively suspend without pay a uniformed member who has served for at least 1 year if: (i) the uniformed member had a criminal complaint or indictment issued against them; (ii) the department has referred the uniformed member to a prosecutorial agency for review for prosecution; or (iii) there are reasonable grounds to believe that the uniformed member has engaged in misconduct in the performance of the uniformed member's duties that violates the public trust. Prior to such administrative suspension, the department shall provide the uniformed member notice of, and the underlying factual basis for, the administrative suspension. After such notice, the colonel or the colonel's designee shall hold a departmental hearing at which the uniformed member shall have an opportunity to respond to the allegations. Following the departmental hearing and upon a finding that there are reasonable grounds for such administrative suspension without pay, the colonel may administratively suspend without pay such uniformed member immediately. The administrative suspension without pay shall not be appealable under sections 41 to 45, inclusive, of chapter 31; provided, however, that the administrative suspension without pay may be appealed as provided in section 43. A uniformed member who is administratively suspended without pay pursuant to this section may seek a review by the colonel or the colonel's designee of the administrative suspension without pay after 1 year from the date of the administrative suspension and every year thereafter, or sooner if the uniformed member can demonstrate a material change in circumstances. The decision of the colonel or the colonel's designee after such review may be appealed under said sections 41 to 45, inclusive, of said chapter 31. (c) Notwithstanding subsection (a), the colonel may impose on a uniformed member who has served at least 1 year any permanent discipline that does not involve a suspension of pay, loss of accrued vacation time, loss of rank or seniority or termination without provision for a trial by a trial board under said subsection (a). Prior to imposing such discipline, the department shall provide the uniformed member notice of, and the underlying factual basis for, the discipline. After such notice, the colonel or the colonel's designee shall hold a departmental hearing at which the uniformed member shall have an opportunity to respond to the allegations. Following the departmental hearing and upon a finding that there are reasonable grounds for discipline, the colonel may impose such discipline immediately. An order imposing discipline pursuant to this subsection shall not be appealable under sections 41 to 45, inclusive, of chapter 31; provided, however, that such order may be appealed as provided in section 43.

M.G.L. c. 22C, § 14 Felony or controlled substance convictions; receipt of gratuities for official services

c. 22C, § 14. Felony or controlled substance convictions; receipt of gratuities for official services Section 14. No person who has been convicted of a felony or any offense punishable under chapter 94C or has been convicted of a misdemeanor and has been confined to any jail or house of correction as punishment for said crime shall be appointed as an employee of the department, including but not limited to a uniformed member, clerk, assistant or expert; provided, however, that the colonel may certify for appointment a civilian employee who has been convicted of a misdemeanor if that appointment will contribute substantially to the work of the department. Any member of the state police who directly or indirectly receives a reward, gift or gratuity on account of his official services shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than three months and shall also be discharged from office. Any such member who fails to faithfully perform his duties shall be immediately discharged from office.

M.G.L. c. 22C, § 15 Oath of office

c. 22C, § 15. Oath of office Section 15. Each officer shall, before entering upon the performance of his duties, be sworn to the faithful performance thereof, and unless his oath of office is taken within three months after the date of his appointment, the appointment shall be void.

M.G.L. c. 22C, § 16 Expenses for injuries sustained during employment

c. 22C, § 16. Expenses for injuries sustained during employment Section 16. The colonel may authorize the payment, out of any appropriation made for traveling or other expenses of the department, of the reasonable hospital, medical and surgical expenses incurred by any trainee or officer of the department when temporarily or permanently disabled by reason of injuries sustained while in the course of his employment without serious and willful misconduct by such trainee or officer. In determining the right of any such trainee or officer of the department performing police service, or his legal representatives, to receive compensation under any provision of law on account of injuries or death suffered by such trainee or officer during the course of his employment, such trainee or officer shall be deemed to be so engaged while travelling on public ways from his home to his station of duty and from such station to his home.

M.G.L. c. 22C, § 17 Estimate of expenses and patrolling time; recommendation of appropriations

c. 22C, § 17. Estimate of expenses and patrolling time; recommendation of appropriations Section 17. The colonel shall forward to the secretary of public safety and the commissioner of administration his estimate of expenses for the department as required under section three of chapter twenty-nine, a statement of the approximate proportion of the time of the department devoted to the service of patrolling the highways of the commonwealth for the purpose of controlling and supervising traffic. Said statement shall be the basis for a recommendation by the governor as to the proportion of the appropriations made for expenses of said department which it appears may fairly be charged to the Highway Fund.

M.G.L. c. 22C, § 18 Additional work time; compensation

c. 22C, § 18. Additional work time; compensation Section 18. The colonel may, in the event of any public emergency, or of any unusual demand for the services of members of the state police serving in any bureau of the department, or whenever he deems it in the public interest, require such members to work additional hours of duty and prevent such members from taking time off when entitled thereto, or at the time assigned therefor; provided, however, that such members shall be compensated for any additional work in accordance with the provision of section thirty C of chapter one hundred and forty-nine. The colonel may grant further time off to such members, in every instance without loss of compensation.

M.G.L. c. 22C, § 19 Uniforms and identification cards; rules and regulations; violations

c. 22C, § 19. Uniforms and identification cards; rules and regulations; violations Section 19. The colonel shall promulgate rules and regulations to provide a standard form or forms of uniform to be worn by members of the state police and to authorize such members to carry badges, revolvers, clubs, handcuffs, twisters or such other articles as may be required in the performance of their duties. The secretary of public safety and security may adopt regulations relative to the form, content and issuance of identification cards and to the carrying thereof by state police officers. A uniform or any distinctive part thereof so prescribed shall be worn only by members of said department entitled thereto under said rules and regulations. Violations of this paragraph shall be punishable by a fine of not less than five hundred nor more than one thousand dollars.

M.G.L. c. 22C, § 20 Training programs for newly enlisted and uniformed department members

c. 22C, § 20. Training programs for newly enlisted and uniformed department members Section 20. The colonel shall prescribe a training program for persons who shall be enlisted for the first time in the department such that no person shall exercise police powers as such a uniformed member until he shall have been assigned to and satisfactorily completed such training program. The colonel shall also prescribe an in-service training program for uniformed members of the state police.

M.G.L. c. 22C, § 21 Training programs for city or town police officers and certain state employees

c. 22C, § 21. Training programs for city or town police officers and certain state employees Section 21. The colonel may conduct programs for training police officers of the cities and towns of the commonwealth and for those employees who are authorized to exercise police powers in the various state departments or agencies and the colonel shall appoint necessary instructors. Said programs shall be conducted and instructors appointed in accordance with the provisions of section one hundred and eighteen of chapter six. Cities, towns, state departments and agencies voluntarily participating in such training shall reimburse the commonwealth for the necessary expense thereof. Attendance at such programs by police officers of any city or town and those employees who are authorized to exercise police powers in the various state departments or agencies shall be on a voluntary basis.

M.G.L. c. 22C, § 22 Evaluation reports; annual filing

c. 22C, § 22. Evaluation reports; annual filing Section 22. Except as otherwise provided by a collective bargaining agreement in accordance with the provisions of chapter one hundred and fifty E, evaluation reports of the performance of each member of the state police shall be submitted annually to the colonel by the supervisor to whom such member has directly reported for said annum; provided, however, that whenever possible, if the supervisor of such member shall be changed by transfer of said supervisor or by transfer of such member, such evaluation report be completed prior to such change in supervision. Such evaluation reports shall be filed annually.

M.G.L. c. 22C, § 23 Affirmative action office; responsibilities; annual report

c. 22C, § 23. Affirmative action office; responsibilities; annual report Section 23. There shall be within the department of state police an office of affirmative action which shall report to the secretary of public safety; provided, that such office shall be responsible for implementing policies of nondiscrimination, equal opportunity, and affirmative action, as such policy relates to the employment practices of said department. Such office shall prepare, submit and review the affirmative action plan of said department. All admissions, appointments and promotions made under the provisions of this chapter may take into consideration female and minority candidates for the positions of cadets, uniformed members, non-commissioned officers, commissioned officers, and staff officers. Such office shall annually issue a report describing efforts undertaken by such office during the previous year to expand the pool of qualified women and minority candidates for enlistment to said department and to increase the promotional opportunities for said qualified women and minority candidates within said department; provided that such report be filed with the clerks of the house of representatives and senate on or before the first Wednesday in December.

M.G.L. c. 22C, § 24 Separation from employment due to lack of work or money or abolition of positions; reinstatement

c. 22C, § 24. Separation from employment due to lack of work or money or abolition of positions; reinstatement Section 24. If uniformed members of the state police in positions in the same rank are to be separated from such positions because of lack of work, lack of money or abolition of positions, said uniformed members shall be separated from such employment according to their seniority in such rank and shall be reinstated to such position in such rank according to such seniority, so that members senior in length of service in such rank shall be retained the longest and reinstated first. Uniformed members separated from positions pursuant to the provisions of this section shall be reinstated prior to the appointment of any other person under section ten, provided that the right to such reinstatement shall continue for no fewer than two years from the date of such separation and shall be subject to such rules and regulations as prescribed by the colonel.

M.G.L. c. 22C, § 24A Persons retired for disability; certification for reinstatement

c. 22C, § 24A. Persons retired for disability; certification for reinstatement Section 24A. (a) Any person who has been retired for disability pursuant to section 6, 7, or 26 of chapter 32 who, upon return to active service in the same position, would so return in the position of a sworn member of the department of state police and is subsequently determined capable of employment as a sworn member of the state police pursuant to subdivision (5) of section 26 of chapter 32 by the rating board, as defined in subdivision (1) of said section 26, shall be placed in such position prior to the appointment from an eligible list or promotional list established pursuant to the provisions of section 11 or 26; provided, however, that such member shall, upon petition to the colonel, obtain the prior written certification by the colonel, as a condition for placement under this section; provided, further, that such member, shall not return to work in such position if such member does not meet the appointment standards of said department as set forth in section 14 of chapter 22C. If the member seeking to return to work in the position of a sworn member of said department exceeds a one year in break of service, the colonel shall not allow the member to return to such position if the member fails to successfully pass a background investigation, drug testing, applicable physical fitness testing, psychological testing, and complete retraining as determined by the colonel. (b) The colonel shall, within 40 days immediately following the receipt of a written petition for certification, either certify the petitioner for reinstatement or deny such petition for certification and serve written notice of such denial and of the reason therefor upon the applicant by first class mail, postage prepaid; provided, however, that the colonel shall deny such request submitted by or on behalf of any petitioner who is disqualified by law from placement under this section. Any petitioner denied certification under this subdivision may within either 45 days after receiving notice of such denial or 45 days after the expiration of the time period during which the colonel is required to respond to the petitioner, file a petition to obtain judicial review in the superior court having jurisdiction in the city or town wherein the petitioner lives and a justice of said court, after having heard all of the facts, may direct that a position be made available to the petitioner if he finds that there was no reasonable ground for refusing such certification and that the petitioner was not prohibited by the hiring standards from placement under this section. (c) If, after two years from the date that a member is retired under section 6, 7 or 26 and would return to active service in the same or similar position as a sworn member of the department of the state police if meeting requirements set forth in paragraph (a), the regional medical panel determines that the retired member is qualified for and able to perform the essential duties of the position from which he retired or a similar position within the same department, as determined by the colonel, said member shall be returned to such position, provided said member meets the requirements for those who have a break of service of more than one year and further that the position is vacant; provided however, that said returning retired member shall displace or supersede an individual currently on existing eligible or promotional lists only with the approval of the colonel. (d) Any member, retired for disability for more than three years shall not return to active service for the department if such member fails to meet the requirements set forth in paragraph (a) and fails to complete state police academy training as required by the colonel.

M.G.L. c. 22C, § 25 Notice for promotional examinations; right to appeal questions or results; regulations

c. 22C, § 25. Notice for promotional examinations; right to appeal questions or results; regulations Section 25. The colonel shall prepare a notice for all promotional examinations and shall cause notice thereof to be published in the orders of the department no later than thirty days prior to the final date for filing of applications therefor. No such promotional examination shall be held less than thirty days after the final date for filing of applications for such examination. The colonel shall make rules and regulations relative to the right of any uniformed member of the state police to appeal (i) a marking of a member's answers to the questions on such promotional examination; (ii) a finding by the colonel that a member does not meet the entrance requirements for such examination; and (iii) the suitability of a question or assessment to test the fitness of such member to perform the primary and dominant duties of the rank for which the examination was held. The colonel shall promulgate regulations specifying the time within which any promotional vacancy in the department shall be filled.

M.G.L. c. 22C, § 26 Promotion of uniformed members to title of noncommissioned officer or lieutenant; examination and assessment; eligibility

c. 22C, § 26. Promotion of uniformed members to title of noncommissioned officer or lieutenant; examination and assessment; eligibility Section 26. (a) The colonel may promote uniformed members of the state police who are deemed eligible for promotion by the colonel to the title of noncommissioned officer or lieutenant. Promotional examinations to the title of noncommissioned officer or lieutenant shall include a written test and may include an assessment process designed to evaluate a uniformed member's knowledge, skills and abilities related to the position. The assessment process, if utilized, and the written test shall be developed in consultation with, and validated by, a certified organizational psychologist. A total promotional score shall be based on the uniformed member's promotional examination score and a longevity score. (b)(1) The colonel shall promulgate regulations on the promotional process, including, but not limited to, to the validation of promotional examinations, the specific components of promotional examinations, the weighting of such components and the calculation and weighting of longevity scores. For a uniformed member who is a veteran, the regulations shall provide for the uniformed member's promotional score on the written examination to be increased by 2 per cent and may provide for veteran status to be recognized in other ways in the promotional examination process. (2) The colonel may promulgate regulations providing for minimum scores on the promotional examination, or portions thereof, to be met by uniformed members to be eligible for promotion. Such minimum scores shall be set in consultation with a certified organizational psychologist before or after administration of the relevant examination. (c) To be eligible to participate in a promotional examination for the title of noncommissioned officer, a uniformed member shall, at a minimum, have completed not less than 5 years of service as a uniformed member immediately before the final date for the filing of applications for such examination and have completed, in the immediately preceding year, 1 full year of service in the next lower rank or title. To be eligible to participate in a promotional examination for the title of lieutenant, a uniformed member shall, at a minimum, have completed not less than 1 year of service in the next lower rank or title immediately before the final date for the filing of applications for such examination and have completed not less than 8 years of service as a uniformed member prior to the final date for filing applications for such examination. (d)(1) Prior to making any promotions under this section, the colonel shall publish and distribute in the orders of the department for each title in the department a list of the members who are eligible for promotion to each such title. Each eligible list for promotion shall be used by the colonel to fill vacancies for a period of not less than 2 years and in no circumstances more than 5 years from the initial date of publication; provided, however, that the colonel may shorten the period to less than 2 years if the colonel reasonably determines that termination of the eligible list is required to avoid a violation of law. (2) The colonel shall promulgate regulations detailing how selections for promotion are to be made from the list of eligible members. The regulations may allow for the grouping of the eligibility list into bands, based on promotional scores.

M.G.L. c. 22C, § 26A Promotion of uniformed members to title of captain; eligibility; additional criteria

c. 22C, § 26A. Promotion of uniformed members to title of captain; eligibility; additional criteria Section 26A. (a) The colonel may promote uniformed members to the title of captain. To be eligible for promotion to the title of captain, a uniformed member shall: (i) successfully pass a promotional examination which may include a written test, an assessment process designed to evaluate a member's knowledge, skills and abilities related to the position or a combination of an examination and an assessment process; (ii) have not less than 2 cumulative years of service in the title of lieutenant or detective lieutenant before the final date for the filing of applications for the promotional examination; and (iii) have not less than 15 years of service as a uniformed member before the final date for the filing of applications for the promotional examination. The assessment process, if utilized, and the written test, if utilized, shall be developed in consultation with, and validated by, a certified organizational psychologist. (b) The colonel may promulgate regulations providing additional promotional criteria for the title of captain, which may include demonstration of leadership attributes, employment history inside and outside of the department, disciplinary history, professional development and other criteria the colonel reasonably concludes are related to the performance of the job of captain.

M.G.L. c. 22C, § 27 Vacancies in titles of lieutenant colonel and major

c. 22C, § 27. Vacancies in titles of lieutenant colonel and major Section 27. Any vacancy that occurs in the title of lieutenant colonel shall be filled by the colonel from uniformed members who hold the title of major or captain. Any vacancy that occurs in the title of major shall be filled by the colonel from uniformed members who hold the title of captain. The colonel shall promulgate regulations establishing any requirements for promotion to the title of major, including, but not limited to, any required length of term of service for promotion to the title of major.

M.G.L. c. 22C, § 28A Base salaries; review of salary schedule; adjustments

c. 22C, § 28A. Base salaries; review of salary schedule; adjustments Section 28A. Notwithstanding the provisions of sections forty-five and forty-six of chapter thirty, each officer in grade of lieutenant in the department of state police shall receive a base salary of fifteen point five percent greater than the regular salary payable to the next subordinate grade and all other commissioned officers and staff officers shall receive a base salary nine percent greater than the regular salary payable to the next subordinate grade, in accordance with a schedule submitted by the commissioner of administration to the house and senate committees on ways and means. The commissioner of administration in consultation with the colonel of state police shall establish procedures for a review of said salary schedule and shall submit recommendations for adjustments in subsequent years to the house and senate committees on ways and means.

M.G.L. c. 22C, § 29 Agreement with Massachusetts department of transportation for police services; contents

c. 22C, § 29. Agreement with Massachusetts department of transportation for police services; contents Section 29. The colonel shall enter into an agreement with the Massachusetts Department of Transportation for police service to be provided by the department to said authority on the turnpike and the metropolitan highway system. Said agreement shall fix the legal and fiscal responsibility pertaining to the operation and maintenance of such police service and shall include, but not be limited to, a provision for payments to the commonwealth for the cost of retirement, compensation of injured officers, sick leave, and other employee benefits and for a minimum allowance for departmental supervision. Said agreement shall also require the continuation of all terms and conditions of employment established under the applicable collective bargaining agreement pursuant to the provisions of chapter one hundred and fifty E by the commonwealth and the exclusive bargaining representative of any member of the state police providing such police service including, without limitation, the payment by the authority of any benefit or contribution therefor. Said agreement shall also include a provision that all expenses incurred by the department in providing such police service shall, upon proper requisition, be paid by the authority as such expenses are incurred. Said agreement shall also provide for the appointment under section ten and assignment of such members of the state police as deemed necessary to meet the requirements of said authority including, but not limited to, the provisions of section fifteen of chapter three hundred and fifty-four of the acts of nineteen hundred and fifty-two; provided that such appointment and assignment of any such member of the state police by the colonel shall not be considered a violation of any provisions of chapter twenty-nine; and provided, further, that during such assignment and except as the colonel shall determine that an emergency exists or is threatened, such officers, in the performance of their duties, shall at all times be under the operational, administrative and disciplinary control of the colonel.

M.G.L. c. 22C, § 30 Port Authority; agreement for police services; contents

c. 22C, § 30. Port Authority; agreement for police services; contents Section 30. The colonel shall enter into an agreement with the Massachusetts Port Authority for police service to be provided by the department at the General Edward Lawrence Logan international airport. Said agreement shall fix the legal and fiscal responsibility pertaining to the operation and maintenance of such police service and shall include, but not be limited to, a provision for payments to the commonwealth for the cost of retirement, compensation of injured officers, sick leave, and other employee benefits and for a minimum allowance for departmental supervision. Said agreement shall also require the continuation of all terms and conditions of employment established under the applicable collective bargaining agreement pursuant to the provisions of chapter one hundred and fifty E by the commonwealth and the exclusive bargaining representative of any member of the state police providing such police service including, without limitation, the payment by the authority of any benefit or contribution therefor. Said agreement shall also include a provision that all expenses incurred by the department in providing such police service shall, upon proper requisition, be paid by the authority as such expenses are incurred. Said agreement shall also provide for the appointment under section ten and assignment of such members of the state police as deemed necessary to meet the requirements of said authority including, but not limited to the provisions of section twenty-three of chapter four hundred and sixty-five of the acts of nineteen hundred and fifty-six; provided that such appointment and assignment of any such member of the state police by the colonel shall not be considered a violation of any provisions of chapter twenty-nine.

M.G.L. c. 22C, § 31 Water resources authority; agreement for police service; contents

c. 22C, § 31. Water resources authority; agreement for police service; contents Section 31. The colonel shall enter into an agreement with the Massachusetts water resources authority for police service to be provided by the department to the authority. Said agreement shall fix the legal and fiscal responsibility pertaining to the operation and maintenance of such police service and shall include, but not be limited to, a provision for payments to the commonwealth for the cost of retirement, compensation of injured officers, sick leave, and other employee benefits and for a minimum allowance for departmental supervision. Said agreement shall also require that all terms and conditions of employment established under the applicable collective bargaining agreement pursuant to the provisions of chapter one hundred and fifty E by the commonwealth and the exclusive bargaining representative of any member of the state police providing such police service including, without limitation, the payment by the authority of any benefit or contribution therefor. Said agreement shall also include a provision that all expenses incurred by the department in providing such police service shall, upon proper requisition, be paid by the authority as such expenses are incurred. Said agreement shall also provide for the appointment under section ten and assignment of such members of the state police as deemed necessary to meet the requirements of said authority including, but not limited to the provisions of chapter three hundred and seventy-two of the acts of nineteen hundred and eighty-four; provided that such appointment and assignment of any such member of the state police by the colonel shall not be considered a violation of any provisions of chapter twenty-nine.

M.G.L. c. 22C, § 32 Definitions applicable to Secs. 33 to 35

c. 22C, § 32. Definitions applicable to Secs. 33 to 35 Section 32. For the purposes of sections thirty-three to thirty-five, inclusive, the following words shall have the following meanings:— ''Crime reporting unit'', a joint project of the department of state police and the department of criminal justice information services charged with the responsibility of collecting incident reports submitted by state, local and campus police departments and other law enforcement authorities and disseminating periodic reports analyzing and interpreting crime rates and trends in the commonwealth. ''Hate crime'', any criminal act coupled with overt actions motivated by bigotry and bias including, but not limited to, a threatened, attempted or completed overt act motivated at least in part by racial, religious, ethnic, handicap, gender, gender identity or sexual orientation prejudice, or which otherwise deprives another person of his constitutional rights by threats, intimidation or coercion, or which seek to interfere with or disrupt a person's exercise of constitutional rights through harassment or intimidation. Hate crime shall also include, but not be limited to, acts that constitute violations of sections thirty-seven and thirty-nine of chapter two hundred and sixty-five, section one hundred and twenty-seven A of chapter two hundred and sixty-six and chapter two hundred and seventy-two. ''Hate crime data'', information, incident reports, records and statistics relating to hate crimes, collected by the crime reporting unit. ''Incident report'', an account of occurrence of a hate crime received or collected by the crime reporting unit.

M.G.L. c. 22C, § 33 Collection of hate crime data; regulations

c. 22C, § 33. Collection of hate crime data; regulations Section 33. The colonel shall promulgate regulations relative to the collection of hate crime data. Said regulations shall include, but not be limited to, the following: (1) establishment of a central repository for the collection and analysis of hate crime data and, upon the establishment of such repository, the crime reporting unit shall be responsible for collecting, analyzing, classifying and reporting such data, and shall maintain this information in a central repository; (2) procedures necessary to ensure effective data-gathering and preservation and protection of confidential information, and the disclosure of information in accordance with section thirty-five; (3) procedures for the solicitation and acceptance of reports regarding hate crimes which are submitted to the crime reporting unit; (4) procedures for assessing the credibility and accuracy of reports of hate crime data from law enforcement agencies.

M.G.L. c. 22C, § 34 Hate crime data reports; public record

c. 22C, § 34. Hate crime data reports; public record Section 34. The crime reporting unit shall summarize and analyze reports of hate crime data which shall be received by said unit. Said unit shall transmit copies of all such reports regarding hate crime data to the governor, the attorney general, the joint committees on public safety, criminal justice and the judiciary, and the senate and house committees on ways and means. Such annual reports shall be a public record.

M.G.L. c. 22C, § 35 Availability of hate crime data to law enforcement and other agencies

c. 22C, § 35. Availability of hate crime data to law enforcement and other agencies Section 35. The crime reporting unit shall cause any hate crime data collected to be made available for use by any law enforcement agency and shall also be made available to any unit of local government, to any state agency and to the general public in a manner consistent with the requirements of sections one hundred and sixty-seven and one hundred and sixty-eight of chapter six. Dissemination of such information shall be subject to all confidentiality requirements otherwise imposed by law.

M.G.L. c. 22C, § 36 Identification of criminals; furnishing of information to other departments and states; transmission of information to the Federal Bureau of Investigation in cases where fingerprint identification sent though Interstate Identification Index

c. 22C, § 36. Identification of criminals; furnishing of information to other departments and states; transmission of information to the Federal Bureau of Investigation in cases where fingerprint identification sent though Interstate Identification Index Section 36. The colonel shall provide within the department for receiving, arranging and keeping proper means for the identification of criminals and for the furnishing of means of identification of criminals to police departments of cities and towns, to the department of correction, to any sheriff's department, to the parole board and to prosecuting officers within the commonwealth. He may in his discretion furnish means of identification of criminals to proper officers in other states and in foreign countries. He may secure means of identification including measurements, photographs, fingerprints and other means, so that known criminals may be identified in the commonwealth. The colonel shall, on his own initiative, or upon request of the chief police officer of any city or town, sheriff, commissioner of correction, chairman of the parole board, or of any district attorney within the commonwealth, furnish to such chief police officer, sheriff, commissioner, chairman or district attorney such information as he has in his possession which may tend to assist in the identification of or apprehension of criminals. Systems operated by the department of criminal justice information services, pursuant to sections one hundred and sixty-seven to one hundred and seventy-eight, inclusive, of chapter six, may be used for such record keeping purposes provided that such records shall remain subject to the regulations of said board. In any juvenile or adult criminal case in which a fingerprint identification has been transmitted to the Federal Bureau of Investigation to provide criminal history record information through the bureau's Interstate Identification Index, the department shall also transmit the case disposition information, including any order of dismissal and any order to seal or expunge a record. The transmission of any sealing order to the Federal Bureau of Investigation shall be accompanied by an order to seal such information within the bureau's Interstate Identification Index. The transmission of any expungement order to the Federal Bureau of Investigation shall be accompanied by an order to expunge such information within the bureau's Interstate Identification Index. If the department transmits a fingerprint identification of a juvenile to the Federal Bureau of Investigation to provide criminal history record information through the bureau's Interstate Identification Index, the department shall also promptly transmit an order to seal such information within the bureau's Interstate Identification Index. The executive office of public safety and security shall promulgate regulations to assure that the necessary offense based tracking number is included with criminal offender record information so as to support the transmission of case disposition information to the Federal Bureau of Investigation.

M.G.L. c. 22C, § 36A Identifying and locating information from records; individuals wanted on default or arrest warrants

c. 22C, § 36A. Identifying and locating information from records; individuals wanted on default or arrest warrants Section 36A. Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, the department of state police, including the state police violent fugitive arrest squad, and local police departments, shall be provided with identifying information upon request from the records or files of any agency, department, commission, division or authority of the commonwealth for the sole purpose of identifying and locating individuals wanted on default or arrest warrants; provided, that only identifying information including, but not limited to, name, date of birth, all pertinent addresses, telephone number and social security number shall be made available to the state police and local police departments. Information about any individual, except the individual against whom a default or arrest warrant was issued, may not be requested by the departments under this section.

M.G.L. c. 22C, § 37 Release or discharge of persons confined for certain sexual assaults and other crimes; notification to department and local authorities

c. 22C, § 37. Release or discharge of persons confined for certain sexual assaults and other crimes; notification to department and local authorities Section 37. Not less than seven days before the time set for the release or discharge on parole, or otherwise, of any person confined in a penal or reformatory institution of the commonwealth or of any county under sentence for an assault of an indecent nature under section thirteen A of chapter two hundred and sixty-five, for a violation of any provision of sections thirteen B, 13B1/2, 13B3/4 or twenty-two to twenty-four, inclusive, of said chapter two hundred and sixty-five, of sections sixteen, seventeen, thirty-four or thirty-five of chapter two hundred and seventy-two, and so much of section fifty-three of said chapter two hundred and seventy-two as pertains to lewd, wanton and lascivious persons in speech or behavior or to persons guilty of indecent exposure, or of any person confined in any facility, as defined in section one of chapter one hundred and twenty-three, or in the Bridgewater state hospital, who was removed thereto after conviction of a violation of any such provision or was committed thereto during the pendency of a complaint or indictment for a violation of any such provision, the officer in charge of such institution, department or hospital, as the case may be, shall notify the colonel in writing of such intended release or discharge; provided, that if any person is released or discharged as aforesaid under such circumstances that it is not possible for the officer in charge to comply with the foregoing provision, he shall so notify the colonel as soon as possible that such person will be or has been released or discharged as aforesaid. Upon receipt of any such notice, the colonel shall furnish to the police authorities of each city and town, and to each district attorney within the commonwealth the name of the person referred to in such notice, his known aliases, if any, his last known address, his age, height and weight, his photograph, a description of his fingerprints, a summary of his criminal history and a list of any institutions for the insane and departments for defective delinquents in which he has been known to have been confined, and such other information as the colonel deems necessary. In all cases covered by this section where a fine is imposed or sentence suspended, the clerk of court shall furnish release data to the colonel of state police on forms furnished by him. In all cases where a person has been found guilty of any offense of similar nature to those enumerated above in any court of competent jurisdiction outside of the commonwealth and the colonel has knowledge that such person has been released or resides within the commonwealth, the aforesaid descriptive data insofar as available may be furnished to the police authorities of each city and town and to each district attorney, within the commonwealth.

M.G.L. c. 22C, § 38 Criminal information section; duties and functions

c. 22C, § 38. Criminal information section; duties and functions Section 38. The criminal information section of the department shall be charged with the following duties and functions: (a) Said section shall collect, by investigation of its own and by receipt from other law enforcement agencies, information concerning organized crime, organized illegal gambling, and other illegal activities generally described as rackets, including information as to the identity and doings of persons who engage in, promote, operate or participate in such activities and of persons arrested for the illegal use, sale or possession of harmful drugs or narcotics. (b) Said section shall maintain files of all such information which it collects and receives, and shall serve as a clearinghouse of intelligence for all law enforcement agencies within the commonwealth concerning such activities and such persons, and may provide to and receive for similar agencies outside the commonwealth any such information. Any police department of the commonwealth, or any of its political subdivisions, may, by request, in the form and manner prescribed by said section, receive such information as is in the files of said section concerning such activities and such persons in which said police department has an official interest. Such clearinghouse functions of said section shall constitute a cooperative relationship between said section and said police departments; and if in the discretion of the head of said section, responding to such request for information might interfere with an investigation being carried on by some other department or by said section, he may, with the approval of the colonel, deny the request. Systems operated by the department of criminal justice information services, pursuant to sections one hundred and sixty-seven to one hundred and seventy-eight, inclusive, of chapter six, may be used for such record keeping purposes provided that such record shall remain subject to the regulations of said board. (c) Said section shall from time to time advise the local police departments of new schemes or rackets which may come to its attention, of new devices, techniques, methods of operation, and other matters of interest relating to such activities and such persons, so that the police of the commonwealth and its political subdivision shall be better informed and thus better able to enforce the laws with respect to such activities and such persons. (d) The clerk of any court in which a person is convicted of a crime involving illegal gaming of any kind, drug and narcotic violations, the sale or possession of pornographic literature or the improper solicitation or use of funds for charitable purposes, shall forthwith report such conviction to said section. The probation officer of said court shall furnish to the clerk a description of any person so convicted, which shall be on a form prescribed by the colonel.

M.G.L. c. 22C, § 39 Chemical analysis of narcotic drug or drug substitute, etc.; certificate of results; prima facie evidence

c. 22C, § 39. Chemical analysis of narcotic drug or drug substitute, etc.; certificate of results; prima facie evidence Section 39. (a) The department shall, free of charge, or the University of Massachusetts Medical School shall, under section 36B of chapter 75, make a chemical analysis of any narcotic drug, any synthetic substitute for the same, any preparation containing the same, or any salt or compound thereof, and of any poison, drug, medicine or chemical submitted to it by police authorities, as the department shall approve for this purpose; provided, however, that neither the department nor the medical school shall conduct such analysis unless it is satisfied that the analysis submitted to it is to be used in connection with the enforcement of law. (b) A certificate by a chemist or analyst or other designated employee of the department or of the University of Massachusetts medical school of the result of the chemist's or analyst's or other designated employee's analysis, signed and sworn to by that chemist or analyst or other designated employee, shall be prima facie evidence of the composition, quality and, when appropriate, net weight of the substance or any mixture containing the substance. (c) A signed certificate of drug analysis furnished by an analyst, assistant analyst or other designated employee of the Drug Enforcement Administration of the United States Department of Justice which conforms with the requirements of this section shall be prima facie evidence of the composition, quality and, when appropriate, net weight of the substance or any mixture containing the substance.

M.G.L. c. 22C, § 39A Analysis of samples of alcoholic beverages

c. 22C, § 39A. Analysis of samples of alcoholic beverages Section 39A. The department shall analyze, in accordance with sections 36 to 39, inclusive, of chapter 138, all samples of alcoholic beverages, as defined in section 1 of said chapter 138, submitted to it for that purpose by police authorities as provided in said section 36 if satisfied that the analysis is to be used in enforcing the laws.

M.G.L. c. 22C, § 39B Procedural rules and policies for testing and analysis of drug samples; quality assurance program

c. 22C, § 39B. Procedural rules and policies for testing and analysis of drug samples; quality assurance program Section 39B. The director of the crime laboratory within the department shall establish procedural rules and policies governing the department's testing and analysis of drug samples and shall establish a quality assurance program for the department, which shall include proficiency standards for its laboratories and analysts responsible for performing drug testing and analysis. The procedural rules and quality assurance program shall be compatible with the laboratory's accreditation procedural rules and shall establish compatible laboratory techniques, laboratory equipment, supplies, computer software and acceptance criteria for laboratory accreditation.

M.G.L. c. 22C, § 40 Narcotics unit; duties and functions

c. 22C, § 40. Narcotics unit; duties and functions Section 40. The narcotics unit within the criminal information section shall be charged with the following duties and functions: to investigate all violations of the narcotic and harmful drug laws of the commonwealth; to arrest all violators of such laws; and to cooperate with the department of the attorney general in training personnel assigned to the narcotics unit in practices and procedures relating to the narcotic and harmful drug laws pursuant to section eleven C of chapter twelve.

M.G.L. c. 22C, § 41 Chemist's analysis for presence of sperm cells; certificate of results; prima facie evidence

c. 22C, § 41. Chemist's analysis for presence of sperm cells; certificate of results; prima facie evidence Section 41. A certificate by a chemist of the department of the result of analysis made by him for the presence of a sperm cell or cells or seminal fluid on or in any material or substance furnished him by a police officer of any department, signed and sworn to by such chemist, shall be prima facie evidence of the presence of a sperm cell or cells or seminal fluid on or in such material or substance.

M.G.L. c. 22C, § 42 Motor vehicle ownership records; certified copies; prima facie evidence

c. 22C, § 42. Motor vehicle ownership records; certified copies; prima facie evidence Section 42. In proceedings under sections twenty-seven A, twenty-eight, twenty-nine, one hundred and eleven A and one hundred and thirty-nine of chapter two hundred and sixty-six, certified copies of any motor vehicle or trailer ownership records, including computer records, in the possession of the registrar of motor vehicles, attested by the registrar or his designee or, if the motor vehicle or trailer is registered or titled in another state, such records similarly certified by the keeper of records of the appropriate motor vehicle department, shall be admissible as proof of ownership of a motor vehicle or trailer and shall be prima facie evidence that the use of the motor vehicle or trailer was unauthorized. If the defendant rebuts such evidence, the commonwealth may be granted a reasonable continuance to enable the owner of the vehicle to be brought into court to testify.

M.G.L. c. 22C, § 43 Persons affected by orders of department; appeals

c. 22C, § 43. Persons affected by orders of department; appeals Section 43. Any person affected by an order of the department or of a division or officer thereof, may, within such times as the colonel may fix, which shall not be less than ten days after notice of such order, appeal to the colonel who shall thereupon grant a hearing, and after such hearing the colonel may amend, suspend or revoke such order. Any person aggrieved by an order approved by the colonel may appeal to the superior court; provided, that such appeal is taken within fifteen days from the date when such order is approved or made. The superior court shall have jurisdiction in equity upon such appeal to annul such order if found to exceed the authority of the department or upon petition of the colonel to enforce all valid orders issued by the department. Nothing herein contained shall be construed to deprive any person of the right to pursue any other lawful remedy.

M.G.L. c. 22C, § 44 Destruction or disposal of certain entertainment permit applications or reports

c. 22C, § 44. Destruction or disposal of certain entertainment permit applications or reports Section 44. The colonel may after two years destroy or otherwise dispose of applications for approval of entertainments on Sunday, inspection reports of theaters and halls under the state building code, and applications for permits for special exhibitions of pictures. Any proceeds received from their disposal shall be paid to the commonwealth.

M.G.L. c. 22C, § 45 Property lost, stolen or taken from arrested persons; unclaimed property; public auction

c. 22C, § 45. Property lost, stolen or taken from arrested persons; unclaimed property; public auction Section 45. If money, goods or other property which has been stolen, lost, abandoned or taken from a person under arrest comes in the possession of an officer or other employee of the department by virtue of his office or employment, he shall deliver the same to the person designated by the colonel to receive the same and shall thereupon be relieved from further responsibility therefor. If no person proves ownership of such money, goods or other property within six months, the colonel may cause the same, except money unclaimed, to be sold at public auction at such place and time and by such person as the colonel may designate. Notice of the time and place of sale, with a description of the property, shall be given by publishing the same once in a newspaper published in the county where the property was found or taken as aforesaid.

M.G.L. c. 22C, § 46 Perishable property; property deteriorating in value; public auction

c. 22C, § 46. Perishable property; property deteriorating in value; public auction Section 46. Such property, if perishable or liable to deteriorate greatly in value by keeping, or the value of which will probably be less than the expense of keeping, may be sold at public auction at such place and at such time within six months and by such person as the colonel may designate, such notice of the time and place of sale as the colonel may deem reasonable and proper first being given.

M.G.L. c. 22C, § 47 Proceeds from public auctions

c. 22C, § 47. Proceeds from public auctions Section 47. The proceeds of such sales, together with such unclaimed money, after deducting all reasonable charges and expenses incurred on account of such property, shall be accounted for and paid to the commonwealth.

M.G.L. c. 22C, § 48 Claim by owner after public auction; payment to owner

c. 22C, § 48. Claim by owner after public auction; payment to owner Section 48. If, within two years and six months after such money has come into the possession of an officer or other employee of said department or within two years after any such sale, the owner claims such property and proves ownership to the satisfaction of the colonel, the amount of such unclaimed money or the proceeds of the sale of such property, after deducting reasonable expenses, shall be paid to him by the state treasurer.

M.G.L. c. 22C, § 49 Police reports; indication of domestic abuse

c. 22C, § 49. Police reports; indication of domestic abuse Section 49. The form used by an investigating police officer to make a report concerning any incident, offense or alleged offense investigated or any arrest made shall provide a space to indicate whether such incident, offense, alleged offense or arrest involved abuse as defined in section one of chapter two hundred and nine A.

M.G.L. c. 22C, § 50 Police officers' duties on reservations

c. 22C, § 50. Police officers' duties on reservations Section 50. Upon requisition of the commanding officer or other person in charge of a reservation of the United States of America, the colonel, or the mayor or the selectmen of any city or town the territory of which adjoins or includes, in whole or in part, such reservations, may provide police officers, who shall perform such police duties within such reservation as such commanding officer or other person may assign to them, and who shall, while on such assignment, have the authority, immunities and privileges that they would have while acting as duly appointed and qualified police officers elsewhere within the commonwealth.

M.G.L. c. 22C, § 51 Special state police officer appointments upon petition by railroad corporation

c. 22C, § 51. Special state police officer appointments upon petition by railroad corporation Section 51. The colonel, upon the petition of a railroad corporation, or of a railway company, or of The Boston Terminal Corporation, or of Railway Express Agency, Inc., or of a common carrier of passengers by water for hire having a usual place of receiving or discharging passengers within the commonwealth, may from time to time appoint as special state police officers as many of the persons designated in said petition and being citizens of the United States as it may deem proper, for the purposes and with the powers hereinafter set forth. Any person, appointed as a special state police officer upon the petition of a railroad corporation, may act as a police officer upon the premises and vehicles of any corporation transporting passengers or property by motor vehicle under the joint control and management of said corporation and said railroad corporation, which, for the purposes of this and sections fifty-two and fifty-three, shall be considered as being the premises, cars and vehicles of said railroad corporation.

M.G.L. c. 22C, § 52 Records of appointments under Sec. 51

c. 22C, § 52. Records of appointments under Sec. 51 Section 52. A record of all such appointments, made pursuant to section fifty-one, shall be kept by the department, and shall be open to public inspection, and such appointment shall constitute the person or persons named therein railroad, railway, railway express or steamboat police, respectively, in any city or town where the petitioner corporation or company referred to in section fifty-one operates its cars, vehicles, boats or vessels, or the carrier so referred to is accustomed to receive or discharge passengers or freight, or steamboat police upon the premises and at the wharves and landing places and upon the boats and vessels of such carrier by water, while within the boundaries of the commonwealth, and shall be conclusive evidence of the regularity of their appointment.

M.G.L. c. 22C, § 53 Swearing in of special state police officers; licenses; duration of appointment

c. 22C, § 53. Swearing in of special state police officers; licenses; duration of appointment Section 53. Such special state police officers shall be sworn before a justice of the peace or notary public who shall make a return thereof to the department upon a form provided by said department. Upon receipt of said return, said department shall issue a license to each person so designated in accordance with the provisions of section fifty-one to act as a police officer. Such license shall, in any court of the commonwealth, be competent evidence of the validity of the appointment of such person named therein and of his authority to act as such police officer. Such special state police officers shall hold their offices until their appointment is revoked by the colonel, or until the petitioner corporation or company, upon ceasing to require the service of any such officers, shall file a notice to that effect with the department and thereupon the power of such special state police officer shall cease.

M.G.L. c. 22C, § 54 Aid to governor in performance of duties

c. 22C, § 54. Aid to governor in performance of duties Section 54. Constables, city marshals, chiefs of police and all other police officers shall, within the respective cities and towns, aid the governor in the performance of his duties whenever called upon, and any such officer who refuses so to do when called upon shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than three months.

M.G.L. c. 22C, § 55 [There is no 22C:55.]

M.G.L. c. 22C, § 56 Agents of Massachusetts Society for Prevention of Cruelty to Children; appointment as special officers

c. 22C, § 56. Agents of Massachusetts Society for Prevention of Cruelty to Children; appointment as special officers Section 56. The colonel may appoint two or more agents of the Massachusetts Society for the Prevention of Cruelty to Children as special state police officers for a term of three years, who shall serve without pay and shall have and exercise throughout the commonwealth the powers of state police officers to serve warrants and other criminal processes, except the authority to arrest without warrant.

M.G.L. c. 22C, § 57 Agents of humane societies and associations; appointment as special officers

c. 22C, § 57. Agents of humane societies and associations; appointment as special officers Section 57. The colonel may appoint, at the request of the Massachusetts Society for the Prevention of Cruelty to Animals, the Berkshire Animal Protective Society, Inc., the Animal Rescue League of Boston, the Boston Work Horse Relief Association, the Lowell Humane Society, the Worcester Animal Rescue League or the Animal Rescue League of New Bedford, duly accredited agents of said corporations as special state police officers to serve for one year subject to removal by the colonel. Such special state police officers shall report to him relative to their official acts as such police officers at such times and in such manner as the colonel may require; provided, however, that such officers shall remain subject to the certification requirements of the Massachusetts Peace Officer Standards and Training Commission established in chapter 6E. They shall serve without pay, except their regular compensation as agents of said corporation. They shall receive no fees for services or return of any criminal process and shall have throughout the commonwealth the powers of constables and police officers to arrest and detain any person violating any law for the prevention of cruelty to animals.

M.G.L. c. 22C, § 58 Port of Boston Authority employees; appointment as special officers

c. 22C, § 58. Port of Boston Authority employees; appointment as special officers Section 58. The colonel may, at the request of the Port of Boston Authority, appoint as special state police officers employees of said authority. Such special state police officers shall serve for one year, subject to removal by the colonel, and they shall have the same power to make arrests as the state police for any criminal offense committed in or upon lands, piers or structures within the charge of said authority. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of said authority, and they shall receive no fees for services or return of any criminal process.

M.G.L. c. 22C, § 59 Employees of mental health or developmental services departments; appointment as special officers

c. 22C, § 59. Employees of mental health or developmental services departments; appointment as special officers Section 59. The colonel may, upon petition of the commissioner of mental health or the commissioner of developmental services, appoint as special state police officers employees of the department of mental health or the department of developmental services or employees of various institutions under the respective jurisdictions of said departments, who shall have the same power to make arrests as the state police for any criminal offense committed in or upon lands or structures within the charge of said departments or of the various institutions under the respective jurisdictions of said departments. Such special state police officers shall be sworn before a justice of the peace or notary public who shall make return thereof to the department upon a form provided by said department. Upon receipt of said return the department shall issue a license to each person designated to act as a special state police officer, and such license shall, in any court of the commonwealth, be competent evidence of the validity of the appointment of the person named therein and of his authority to act as such special state police officer. A special state police officer shall hold his office until his license expires or is revoked by the colonel, or until the petitioner files a notice with the department that the services of such officer are no longer required. The colonel may provide that the license and any renewal thereof shall expire on the anniversary of the birth of the person named therein not less than one nor more than two years following the date of issue. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except for their regular compensation as employees of the department of mental health, the department of developmental services, or the various institutions under the respective jurisdictions of said departments, and they shall receive no fees for services for return of any criminal process.

M.G.L. c. 22C, § 60 Public health department employees; appointment as special officers

c. 22C, § 60. Public health department employees; appointment as special officers Section 60. The colonel may, upon petition of the commissioner of public health, appoint as special state police officers employees of the department of public health or employees of the various institutions under its jurisdiction, who shall have the same power to make arrests as the state police for any criminal offense committed in or upon the lands or structures within the charge of the department of public health or the various institutions under its jurisdiction. Such special state police officers shall be sworn before a justice of the peace or notary public who shall make a return thereof to the department upon a form provided by said department. Upon receipt of said return, the department shall issue a license to each person designated to act as a special state police officer, and such license shall, in any court of the commonwealth, be competent evidence of the validity of the appointment of the person named therein and of his authority to act as such special state police officer. Such a special state police officer shall hold his office until his license expires or is revoked by the colonel, or until the petitioner files a notice with the department that the services of such officer are no longer required. The colonel may provide that the license and any renewal thereof shall expire on the anniversary of the birth of the person named therein not less than one nor more than two years following the date of issue. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of the department of public health or the various institutions under its jurisdiction, and they shall receive no fees for services or return of any criminal process.

M.G.L. c. 22C, § 62 Employees of state-operated veterans' home; appointment as special officers

c. 22C, § 62. Employees of state-operated veterans' home; appointment as special officers Section 62. The colonel may, upon petition of the superintendent of a state-operated veterans' home, appoint as special state police officers employees of said institutions, who shall have the same power to make arrests as the state police for any criminal offense committed in or upon land or structures within the charge of the superintendents, respectively. Such special state police officers shall be sworn before a justice of the peace or notary public who shall make a return thereof to the department upon a form provided by it. Upon receipt of said return the department shall issue a license to each person designated to act as a special state police officer, and such license shall, in any court of the commonwealth, be competent evidence of the validity of the appointment of the person named therein and of his authority to act as such special state police officer. A special state police officer shall hold his office until the petitioner files a notice with the department that the services of such officer are no longer required. The colonel may provide that the license or renewal thereof shall expire on the anniversary of the date of birth of the person named therein not less than one nor more than two years following the date of issue. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of said institutions, and they shall receive no fees for services or return of any criminal process.

M.G.L. c. 22C, § 63 Employees of colleges, universities, other educational institutions and hospitals; appointment as special officers

c. 22C, § 63. Employees of colleges, universities, other educational institutions and hospitals; appointment as special officers Section 63. The colonel may, upon such reasonable terms and conditions as may be prescribed by him, at the request of an officer of a college, university, other educational institution or hospital licensed pursuant to section fifty-one of chapter one hundred and eleven, appoint employees of such college, university, other educational institution or hospital as special state police officers. Such special state police officers shall serve for three years, subject to removal by the colonel, and they shall have the same power to make arrests as regular police officers for any criminal offense committed in or upon lands or structures owned, used or occupied by such college, university, or other institution or hospital. Each application for appointment as a special state police officer or a renewal thereof shall be accompanied by a fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven. The colonel may promulgate such rules and regulations as may be necessary to ensure proper standards of skill; provided, however, that such officers shall remain subject to certification requirements of the Massachusetts peace officer standards and training commission established in chapter 6E. Said rules and regulations shall conform to the provisions of chapter thirty A.

M.G.L. c. 22C, § 64 Civil defense agency employees; appointment as special officers

c. 22C, § 64. Civil defense agency employees; appointment as special officers Section 64. The colonel may, at the request of the director of civil defense, appoint employees of the civil defense agency as special state police officers. Such special state police officers shall: (i) serve for 1 year, subject to removal by the colonel; (ii) receive such certification as the Massachusetts peace officer standards and training commission established in chapter 6E shall direct; and (iii) have the same power to make arrests as the state police of any criminal offense committed in or upon lands or structures located in the town of Framingham within the charge of said director. Such officers shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without compensation, other than their regular compensation as employees of said agency.

M.G.L. c. 22C, § 65 Middlesex County Sanatorium employees; appointment as special officers

c. 22C, § 65. Middlesex County Sanatorium employees; appointment as special officers Section 65. The colonel may, upon petition of the board of trustees of the Middlesex County Sanatorium, appoint as special state police officers employees of said institution, who shall have the same power to make arrests as regular police officers for any criminal offense committed in or upon lands, or structures owned, used or occupied by said sanatorium. Such special state police officers shall be sworn before a justice of the peace or notary public who shall make a return thereof to the department upon a form provided by said department. Upon receipt of said return, the department shall issue a license to each person designated to act as a special state police officer, and such license shall, in any court of the commonwealth, be competent evidence of the validity of the appointment of the person named therein and of his authority to act as such special state police officer. A special state police officer shall hold his office until his license expires or is revoked, by the colonel, or until the petitioner files a notice with the department that the services of such officer are no longer required. The colonel may provide that the license and any renewal thereof shall expire on the anniversary of the birth of the person named therein not less than one nor more than two years following the date of issue. Such special state police officer shall report to the colonel as to his official acts at such times and in such manner as the colonel may require. Such special state police officer shall serve without pay, except his regular compensation as an employee of said institution, and shall receive no fees for services or return of any criminal process.

M.G.L. c. 22C, § 66 Employment and training division employees; appointment as special officers

c. 22C, § 66. Employment and training division employees; appointment as special officers Section 66. The colonel may, at the request of the deputy director of the division of employment and training, appoint as special state police officers employees of said division. Such special state police officers shall serve for one year, subject to removal by the colonel, and they shall have the same power to make arrests as the state police for any violation of section forty-seven of chapter one hundred and fifty-one A and shall have the power to serve warrants and other criminal processes. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of said division, and they shall receive no fees for service or return of any criminal process.

M.G.L. c. 22C, § 67 State lottery commission employees; appointment as special officers

c. 22C, § 67. State lottery commission employees; appointment as special officers Section 67. The colonel may, at the request of the state lottery commission, appoint as special state police officers employees of said lottery commission holding the title of chief of security, security officer, license agent, field investigator, supervisor of beano, or assistant supervisor of beano. Such special state police officers shall serve for one year, subject to removal by the colonel, and they shall have the same power to make arrests as the state police for any criminal offense committed in connection with any activities operated or regulated by the state lottery commission. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of said lottery commission, and they shall receive no fees for service or return of any criminal process.

M.G.L. c. 22C, § 68 Special state police officers; appointment; powers and duties

c. 22C, § 68. Special state police officers; appointment; powers and duties Section 68. The colonel may, at the request of the director of the bureau of special investigations, with the approval of the fraudulent claims commission, appoint as special state police officers employees of said bureau who have undergone certification as required by the Massachusetts peace officer standards and training commission established in chapter 6E. These special state police officers shall serve for 1 year, subject to removal by the colonel, and they shall have and exercise throughout the commonwealth the same powers as state police officers to serve warrants and other criminal processes for any criminal offense resulting from either a fraudulent claim for payment or service under any assistance program administered by the department of transitional assistance or any program administered by the department of children and families or a receipt of payment or services by a person entitled thereto or for any violation of chapter 273 relative to the support of spouses and children for whom the department of transitional assistance is entitled to receive payment, or in whose behalf said department is giving aid. They shall not have the authority to arrest without a warrant. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of said bureau, and they shall receive no fees for service or return of any criminal process. This section shall not be construed as authorizing any person appointed as a special state police officer as provided herein to carry a firearm in the performance of his duties.

M.G.L. c. 22C, § 69 Standards of skill for special officers licensed under Secs. 56 to 68; rules and regulations

c. 22C, § 69. Standards of skill for special officers licensed under Secs. 56 to 68; rules and regulations Section 69. The colonel of state police may promulgate rules and regulations as may be necessary to insure proper standards of skill for special state police officers licensed by said colonel under the provisions of sections fifty-six to sixty-eight, inclusive.

M.G.L. c. 22C, § 70 Gaming enforcement unit

c. 22C, § 70. Gaming enforcement unit Section 70. The colonel of state police shall establish a gaming enforcement unit the responsibilities of which shall include, but not be limited to, the investigation of criminal violations of chapter 23K or any other general or special law pertaining to gaming. The gaming enforcement unit shall work in conjunction and cooperation with the investigations and enforcement bureau within the Massachusetts gaming commission to enforce chapter 23K and with the division of gaming enforcement within the department of the attorney general to investigate criminal activity related to gaming. Officers and employees of the unit shall be assigned to the investigations and enforcement bureau and shall report to the deputy director of investigations and enforcement and to the colonel of state police. The colonel shall also assign officers of the unit to the division of gaming enforcement, who shall report to the chief of gaming enforcement and to the colonel of state police. No officer of the unit, other than in the performance of official duties, shall place a wager in a gaming establishment licensed under chapter 23K; provided, however, that the code of ethics established pursuant to subsection (m) of section 3 of chapter 23K shall apply to all officers and employees of the unit. The colonel shall establish a program to rotate officers in and out of the unit.

M.G.L. c. 22C, § 71 AMBER alert plan; activation

c. 22C, § 71. AMBER alert plan; activation Section 71. (a) The department shall establish and maintain an AMBER alert plan to assist in the recovery of abducted children under the age of 18 through notification to the general public and law enforcement agencies. The department shall establish protocols and procedures necessary for the operation of the plan and shall educate and inform law enforcement agencies and the public of its availability. (b) If a law enforcement agency determines that a child has been abducted and that the circumstances of the abduction indicate that the child is in serious danger of bodily harm or death, the agency shall obtain descriptive information for the AMBER alert plan and provide the descriptive information to the department. Thereafter, the law enforcement agency shall identify a point of contact within the agency capable of providing regular updates to the department about the abduction. (c) The law enforcement agency reporting the abducted child shall obtain a picture of the child. (d) The department may activate an AMBER alert plan, upon a determination that the following criteria have been met: (i) a child has been abducted; (ii) the child is in danger of serious bodily harm or death; and (iii) sufficient information exists to believe that activation of an AMBER alert plan may help locate the child. (e) The department may notify appropriate state agencies and authorities, including, but not limited to, the Massachusetts Department of Transportation, Massachusetts emergency management agency, the state lottery commission, the Massachusetts Bay Transportation Authority and the Massachusetts Port Authority of the activation of the AMBER alert plan. (f) The department shall notify the broadcast media serving the commonwealth of the establishment of a statewide AMBER alert plan and invite their voluntary participation. The department shall arrange for participating broadcast media to voluntarily agree, upon notice from the department, to transmit emergency alerts to inform the public of a child abduction that has occurred within their broadcast service regions. Information, material and records transmitted or maintained pursuant to an emergency alert under this section shall not, as a result of any such alert or transmission, be a public record in the custody of the department or other state agencies and authorities and such information, material and records shall not be disclosed except as provided by this section. (g) The department shall enter all information required by the United States Department of Justice on said child into the National Crime Information Center of the United States Department of Justice. (h) The AMBER alert plan shall remain activated until terminated upon the direction of the colonel. (i) The AMBER alert plan shall not be activated for children considered to be runaways or incidents involving child custody disputes, except in cases of abduction if a threat of serious bodily harm or death exists against the child. (j) The department may coordinate with the law enforcement agencies in jurisdictions outside the commonwealth, including the federal government, who are responsible for the recovery of abducted children. (k) The department, in consultation with the state 911 department, shall establish training guidelines for 911 call takers and dispatchers on the AMBER alert plan. (l) The colonel, in consultation with the secretary of public safety and security, shall adopt rules and regulations necessary to implement this section. (m) The department shall prepare and publish information for law enforcement agencies relative to best practices for a report of a missing person. The department shall recommend procedures for law enforcement in responding to a report of a missing person, a report of a missing person who is under 18 and a person under 18 who has been abducted. The department may identify publications and training opportunities that may be available to law enforcement agencies concerning investigations of missing persons. (n) The department shall prepare and publish information for law enforcement agencies relative to best practices for handling death scene investigations. The department shall recommend procedures for law enforcement in processing, preserving, storing and testing DNA samples from human remains and the processing of DNA samples in missing person cases. The department may identify publications and training opportunities that may be available to law enforcement agencies concerning the handling of death scene investigations. (o) The colonel, the department and all department employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error or omission occurring or alleged to occur in connection with or pursuant to an AMBER alert plan under this section.

M.G.L. c. 22C, § 72 Special audit unit

c. 22C, § 72. Special audit unit Section 72. (a) There shall be within the department, but not subject to the control of the department, an internal special audit unit. The inspector general shall appoint a director of the special audit unit, who shall serve as an assistant inspector general, under the supervision of the inspector general, for a term of 4 years. The inspector general may remove the director for cause and designate an interim director until a new director is appointed. The director shall devote full time and attention to the duties of the office. (b) The director may appoint and remove, subject to the approval of the inspector general, such persons as are necessary to perform the functions of the unit; provided, however, that section 9A of chapter 30 and chapter 31 shall not apply to any person holding such an appointment. The director may appoint and remove, subject to the approval of the inspector general, such expert, clerical or other assistants as the work of the unit may require. Employees shall devote their full-time and attention to their duties while employed with the unit and shall be subject to the rules and regulations established for employees of the office of the inspector general pursuant to section 4 of chapter 12A. (c) The internal special audit unit shall monitor the quality, efficiency and integrity of the department's operations, organizational structure and management functions and seek to prevent, detect and correct fraud, waste and abuse in the expenditure of public funds. The director shall have access to all records, reports, audits, reviews, papers, books, documents, recommendations and correspondence of the department or any employee of the department including, but not limited to, information relative to all expenditures by the department for paid details and overtime. The department shall cooperate with the special audit unit in carrying out the special audit unit's duties, including granting access to persons, documents, databases, electronic data and other materials deemed necessary by the director to conduct an investigation, audit or review. Under the direction of the inspector general, the director of the internal special audit unit shall have all the powers of the inspector general pursuant to chapter 12A and any rule or regulation promulgated pursuant thereto. (d) The director shall report and refer instances of fraud, waste or abuse of public funds to the inspector general for investigation pursuant to section 8 of chapter 12A and the results of such an investigation may be referred to the attorney general or state auditor for appropriate action. (e) The director shall submit to the inspector general, for inclusion in the annual report pursuant to section 12 of chapter 12A, a report of the unit's activities for the preceding calendar year, including, but not limited to, findings referred to the inspector general for investigation. The inspector general shall submit the annual report to the joint committee on public safety and homeland security not later than April 30 of each year. The department shall make the annual report and all such reports from previous years publicly available on the department's website.

M.G.L. c. 22C, § 73 Maintenance of certification or accreditation from state or nationally recognized accrediting agency

c. 22C, § 73. Maintenance of certification or accreditation from state or nationally recognized accrediting agency Section 73. The department shall maintain certification or accreditation from a state or nationally recognized accrediting agency. If at any time the department fails to maintain certification or accreditation, the colonel shall report quarterly to the secretary of public safety and security on the department's efforts to achieve certification or accreditation. The internal special audit unit established in section 72 shall monitor policy changes initiated as a result of the certification or accreditation and ensure ongoing compliance with this section.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter22CFetched: 10/20/2026