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

Mass. Gen. Laws ch. 276, § 85 (2026)

Powers and duties of probation officers

✓ current as of July 2026
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Section 85. Each person who receives an appointment as a probation officer shall, within six months of the date of his appointment, attend a basic orientation training course conducted by the commissioner of probation pursuant to section ninety-nine. All probation officers shall attend at least every three years an in-service training course pursuant to this section. In addition to the other duties imposed upon him, each probation officer shall, as the court may direct, inquire into the nature of every criminal case brought before the court under the appointment of which he acts, and inform the court, so far as is possible, whether the defendant has previously been convicted of crime and in the case of a criminal prosecution before said court charging a person with an offence punishable by imprisonment for more than one year the probation officer shall in any event present to the court such information as the commissioner of probation has in his possession relative to prior criminal prosecutions, if any, of such person and to the disposition of each such prosecution, and all other available information relative thereto, before such person is admitted to bail in court and also before disposition of the case against him by sentence, or placing on file or probation. Such record of the probation officer presented to the court shall not contain as part thereof any information of prior criminal prosecutions, if any, of the defendant wherein the defendant was found not guilty by the court or jury in said prior criminal prosecution. Prior to the aforesaid disposition such record of the probation officer shall be made available to the defendant and his counsel for inspection. When it comes to the knowledge of a probation officer that the defendant in a criminal case before his court charged with an offence punishable by imprisonment is then on probation in another court or is then at liberty on parole or on a permit to be at liberty, such probation officer shall forthwith certify the fact of the presence of the defendant before his court to the probation officer of such other court or the parole authorities granting or issuing such parole or permit to be at liberty, as the case may be. He may recommend to the justice of his own court that any person convicted be placed on probation. He shall perform such other duties as the court requires. He shall keep full records of all cases investigated by him or placed in his care by the court, and of all duties performed by him. Every person released upon probation shall be given by the probation officer a written statement of the terms and conditions of the release.

Notes of Decisions
Cited in 14 cases, 1929–2019 · leading case: A.L. v. Commonwealth, 521 N.E.2d 1017 (Mass. 1988).
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A.L. v. Commonwealth, 521 N.E.2d 1017 (Mass. 1988). · cites it 6× “The Commonwealth argues that G.L.c. 276, § 85 (1986 ed.), which defines the duties of probation officers, creates a duty to the courts alone.”
First Just. of the Bristol Div. of the Juv. Court Dep't v. Clerk-magistrate of the Bristol Div. of the Juv. Court Dep't, 438 Mass. 387 (Mass. 2003). · cites it 2× “See G. L. c. 276, §§ 85, 87. A probation officer carries out the sentence of the court when that sentence involves a term of probation.”
Commonwealth v. Lender, 847 N.E.2d 350 (Mass. App. Ct. 2006). · cites it 2× “See G. L. c. 276, § 85, as amended by St. 1956, *308 c.”
Frizado v. Frizado, 651 N.E.2d 1206 (Mass. 1995). “See G. L. c. 276, § 85 (1992 ed.). When the Commonwealth moves in a criminal case for an order that the defendant is dangerous and should not be released on bail, the judge may consider whether the defendant has a history of orders issued against him under G.”
Parker v. Chief Just. for Admin. & Mgmt. of Trial Court, 852 N.E.2d 1097 (Mass. App. Ct. 2006). “Probation officers are not authorized to serve arrest warrants, see G. L. c. 276, § 85, and while not expressly alleged, it may be inferred that the probation officers sought the assistance of the local police.”
Commonwealth v. Keon K., 875 N.E.2d 498 (Mass. App. Ct. 2007). “303, 307-308 (2006); G. L. c. 276, § 85, as amended by St. 1956, c.”
Commonwealth v. MacDonald, 736 N.E.2d 444 (Mass. App. Ct. 2000). “See G. L. c. 276, § 85. “[Pjolicy decisions with respect to a probationer are made by the sentencing judge, who places the convicted defendant on probation and sets the terms of probation.”
Commonwealth v. Sawicki, 339 N.E.2d 740 (Mass. 1975). “7 As the judge noted, however, under G. L. c. 276, § 85, a probation officer learning that a defendant in his court, charged with an offense punishable by imprisonment for more than one year, is on probation in another court, must communicate with the other probation officer.”
Moore v. McManus, 8 Mass. L. Rptr. 263 (Mass. Super. Ct. 1998). “G.L.c. 276, §85. Nothing in c. 276 explicitly makes the commissioner or probation officers members of the judiciary.”
Commonwealth v. Cardile, 421 N.E.2d 472 (Mass. App. Ct. 1981). “” G. L. c. 276, § 85. See also G. L. c. 276, § 87.”
Commonwealth v. Newberry (Mass. 2019). “387, 400 (2003), quoting G. L. c. 276, § 85. Thus, whether the arraignment took place had no bearing on whether the judge could order conditions of release such as GPS monitoring by the probation department.”
Commonwealth v. Riz, 111 N.E.3d 1114 (Mass. App. Ct. 2018). “Here, the judge was in the best position to determine whether the defendant had fair notice of what the conditions of his probation were and whether they were in effect.”
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