Mass. Gen. Laws » Part IV Title II Chapter 276

Mass. Gen. Laws ch. 276, § 100

Detailed reports of probation work; records; accessibility of information

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

Notes of Decisions
Cited in 12 cases, 1969–2020 · leading case: Commonwealth v. Johnson
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Commonwealth v. Johnson (2019) mass · cites it 2× “See also G. L. c. 276, § 100. The motion judge principally relied on this statute in reaching his conclusion that the defendant did not have an objectively reasonable expectation of privacy in the GPS location data recorded from the GPS device.”
Commonwealth v. Boe (2010) mass · cites it 2× “Pursuant to G. L. c. 276, § 100, information compiled by probation officers concerning persons on probation “shall not be regarded as public records and shall not be open for public inspection but shall be accessible to the justices and probation officers of the courts, to the…”
New Bedford Standard-Times Publishing Co. v. Clerk of the Third District Court (1979) mass · cites it 2× “See G.L.c. 276, § 100. I would order the clerk to discontinue this practice forth-with.”
Commonwealth v. Humberto H. (2013) mass “” G. L. c. 276, § 100. A juvenile may request the Commissioner of Probation to seal the juvenile’s delinquency record, but must wait three years after the termination of “any court appearance or disposition” to make such a request.”
Commonwealth v. Martin (1969) mass · cites it 6× “*298 Another statute of significance concerning probation records is G.L.c. 276, § 100, which provides in part that under the direction of the commissioner of probation "a record shall be kept of all such cases as the commissioner may require for the information of the justices…”
Commonwealth v. Pon (2014) mass “640, 652, 667 (1978), and that court records properly can be impounded and made unavailable for public inspection upon a showing of good cause, see Republican Co.”
Commonwealth v. Gavin G. (2002) mass “” G. L. c. 276, § 100. Adult probation records are accessible “to the justices and probation officers of the courts,” to police, “and to such departments of the state and local governments as the commissioner may determine.”
Adoption of Irwin (1989) massappct “640, 648 (1978), and are by statute (G. L. c. 276, § 100) available for use by the courts of the Commonwealth.”
Commonwealth v. Cardile (1981) massappct “211B, §§ 8 and 9, under the statutory scheme of probation, probation officers report to the Commissioner of Probation, G. L. c. 276, § 100, and not to the judiciary as a whole.”
Commonwealth v. Johnson (2017) massappct “276, § 90, permits the police to inspect probation records at any time, and G. L. c. 276, § 100, as appearing in St. 1966, c.”
Commonwealth v. Preston P., a juvenile (2020) mass “, supra at 572–573, quoting G. L. c. 276, § 100. Even a sealed record "may .”
Commonwealth v. Mumford (2008) masssuperct “” G.L.c. 276, §100. The commissioner of probation also receives “detailed and complete reports” from “the commissioner of correction, the penal institutions commissioner of Boston and the couniy commissioners of counties other than Suffolk .”
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