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.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 22c - The Department of State Police
Section 2 - Department; Supervision and Control
Section 3 - Colonel of State Police; Powers and Duties
Section 4 - Divisions; Heads of Divisions
Section 5 - Division of Field Services
Section 7 - Division of Special Police Services
Section 8 - Division of Support Services
Section 9 - Experts, Clerks and Assistants; Appointment and Removal
Section 10 - Appointments to Department of State Police; Governor's Authorization; Restrictions
Section 10a - State Police Cadet Program
Section 11 - Appointment for Initial Enlistment; Competitive Examination; Eligible List
Section 12 - Misdemeanors Committed in Presence of On-Duty Uniformed Member; Enforcement Powers
Section 13 - Charges Against Uniformed Member; Trial; Review: Suspension; Other Disciplinary Actions
Section 14 - Felony or Controlled Substance Convictions; Receipt of Gratuities for Official Services
Section 16 - Expenses for Injuries Sustained During Employment
Section 17 - Estimate of Expenses and Patrolling Time; Recommendation of Appropriations
Section 18 - Additional Work Time; Compensation
Section 19 - Uniforms and Identification Cards; Rules and Regulations; Violations
Section 20 - Training Programs for Newly Enlisted and Uniformed Department Members
Section 21 - Training Programs for City or Town Police Officers and Certain State Employees
Section 22 - Evaluation Reports; Annual Filing
Section 23 - Affirmative Action Office; Responsibilities; Annual Report
Section 24a - Persons Retired for Disability; Certification for Reinstatement
Section 25 - Notice for Promotional Examinations; Right to Appeal Questions or Results; Regulations
Section 26 - Promotion of Uniformed Members; Factors for Consideration; List of Eligible Members
Section 27 - Vacancies in Titles of Lieutenant Colonel and Major
Section 28 - Period of Service Requirements for Certain Appointments
Section 28a - Base Salaries; Review of Salary Schedule; Adjustments
Section 29 - Agreement With Massachusetts Department of Transportation for Police Services; Contents
Section 30 - Port Authority; Agreement for Police Services; Contents
Section 31 - Water Resources Authority; Agreement for Police Service; Contents
Section 32 - Definitions Applicable to Secs. 33 to 35
Section 33 - Collection of Hate Crime Data; Regulations
Section 34 - Hate Crime Data Reports; Public Record
Section 35 - Availability of Hate Crime Data to Law Enforcement and Other Agencies
Section 38 - Criminal Information Section; Duties and Functions
Section 39a - Analysis of Samples of Alcoholic Beverages
Section 40 - Narcotics Unit; Duties and Functions
Section 42 - Motor Vehicle Ownership Records; Certified Copies; Prima Facie Evidence
Section 43 - Persons Affected by Orders of Department; Appeals
Section 44 - Destruction or Disposal of Certain Entertainment Permit Applications or Reports
Section 46 - Perishable Property; Property Deteriorating in Value; Public Auction
Section 47 - Proceeds From Public Auctions
Section 48 - Claim by Owner After Public Auction; Payment to Owner
Section 49 - Police Reports; Indication of Domestic Abuse
Section 50 - Police Officers' Duties on Reservations
Section 51 - Special State Police Officer Appointments Upon Petition by Railroad Corporation
Section 52 - Records of Appointments Under Sec. 51
Section 53 - Swearing in of Special State Police Officers; Licenses; Duration of Appointment
Section 54 - Aid to Governor in Performance of Duties
Section 57 - Agents of Humane Societies and Associations; Appointment as Special Officers
Section 58 - Port of Boston Authority Employees; Appointment as Special Officers
Section 60 - Public Health Department Employees; Appointment as Special Officers
Section 62 - Employees of Soldiers' Homes; Appointment as Special Officers
Section 64 - Civil Defense Agency Employees; Appointment as Special Officers
Section 65 - Middlesex County Sanatorium Employees; Appointment as Special Officers
Section 66 - Employment and Training Division Employees; Appointment as Special Officers
Section 67 - State Lottery Commission Employees; Appointment as Special Officers
Section 68 - Special State Police Officers; Appointment; Powers and Duties
Section 70 - Gaming Enforcement Unit
Section 71 - Amber Alert Plan; Activation