On the agenda: Stow meeting — facial recognition (Apr 28)

AGENDA
SELECT BOARD
April 28, 2026
7:00 p.m.
Town Building & Zoom
The public may attend the Select Board meetings in person or may participate via remote Zoom access.
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1.
2.
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4.

Public Comment
Board Member Updates
Town Administrator’s Report
Recognition
o Fire Department Members for their actions at the Fire Academy on April 7, 2026

5. Discussion and Possible Vote
o One Day Liquor License – Revitalize Randall Donors Reception – May 7, 2026 from 5p to 7p Randall Library Friends, Kathleen Pavelchek
o Police Policy Updates & New Policy
 1.15 Handling Juveniles
 2.06 Missing Persons
 4.18 Lake Boon Officer
 4.28 Incident Reporting
 4.39 Responsible Use of Artificial Intelligence (AI)
o Accept and Sign the Grant of Easement from Koop Realty, LLC
6. Meeting minutes
o April 14, 2026
7. Board Correspondence
8. Adjournment
Correspondence received:
4/16/26 and 4/21/26 from Chief Sallese and other Chiefs re: JDP funding information
4/18/26 from Claudia Dragun; In support of allocating Rec Department funds for childcare at town meetings
4/20/26 from Karlyn Kennedy; Kingland Road Condition
4/21/26 from Ernest Dodd; Resignation from ZBA
4/22/26 from Lynne Sweet and from Valerie Oorthuys; Bruen Road, Stow PEL Application
Posted Friday, 4/24/2026

Town of Stow
POLICE DEPARTMENT
305 Great Road
Stow, Massachusetts 01775
(978) 897-4545

FAX (978) 897-3692

[email protected]
Michael Sallese
Chief of Police

April 8, 2026
Select Board
380 Great Road
Stow, MA 01775
RE: Updated Policies 1.15, 4.18, 2.06, 4.28 and New 4.39 AI Policy
Continuing our commitment to maintaining policies that reflect current law, best practices, and
accreditation standards, the department has completed updates to several policies, including
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
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1.15 Handling Juveniles
2.06 Missing Persons
4.18 Lake Boon Officer
4.28 Incident Reporting.

In addition, we have developed a new policy governing the responsible use of Artificial Intelligence
within the department.

 4.39 Responsible Use of Artificial Intelligence (AI)
These updates incorporate recent legislative changes, evolving case law, and operational improvements,
while reinforcing clarity, accountability, and consistency in our procedures. The revisions to juvenile
handling emphasize modern, evidence-based approaches and constitutional safeguards. Updates to
missing persons and incident reporting strengthen investigative response, documentation standards, and
supervisory oversight. Policy 4.18 establishes clear guidance for Lake Boon operations. The new AI
policy provides a framework for the ethical and responsible use of emerging technology as a support tool,
while maintaining that all decisions remain grounded in officer judgment and legal standards.
Within the attached policy:
 Highlighted text represents new language
 Strikeout text reflects outdated language removed
These revisions ensure our policies remain modern, transparent, and aligned with both accreditation
requirements and the expectations of the community we serve. All policies have been forwarded to both
Police and Dispatch Unions without any objection.
I respectfully request that the Select Board review and approve the updated policies as submitted
Respectfully Submitted,

______________________
Michael Sallese, Chief of Police
Stow Police Department

STOW POLICE DEPARTMENT
Subject:

Rev: 07/26/2022;
10/31/2024;03/20/2026
Expiration Date

Category: Operations

Indefinite

MASSACHUSETTS POLICE ACCREDITATION
STANDARDS
REFERENCED:44.1.1; 44.2.1; 44.2.2; 44.2.3

Sworn Personnel
Non-Sworn Personnel

I.

Annually
Effective Date:
01/01/2015

Handling Juveniles

Distribution

Next Review Date

POLICY
1.15

Issuing Authority

Michael Sallese
Michael Sallese
Chief of Police

PURPOSE
It is generally recognized that juveniles who engage in anti-social conduct present
different problems to society than do adults who engage in similar activity. There is,
therefore, a modification of police procedures in handling juvenile offenders. This
special procedure is based on the concept that the juvenile offender has not attained a
level of developmental competence and may be more easily influenced. There is no
question that the attitude and actions of the police can have a considerable impact on
a juvenile at the time of his/her arrest. How [s]he is treated at that time by the police
can make a lasting impression. At the same time, it must be remembered that the
hardened juvenile criminal can be just as dangerous as any adult.
Police Officers must have an understanding of the social and psychological factors
which contribute to juvenile misbehavior and crime. By the nature of their duties, the
police should be familiar with any undesirable conditions in the community which
could contribute to juvenile delinquency. The prevention of juvenile crime is a high
priority and any success in this regard can pay large dividends to the community and
to its young people.

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Policy & Procedure # 1.15: Handling Juveniles

As a preventive measure, officers should frequently check those areas, places, and
buildings that have been particularly prone to juvenile delinquent behavior and
question all juveniles found in suspicious situations. Energetic patrol, impressing the
fact of a consistent police presence, can be a most effective deterrent. The
department should also cooperate actively with all other agencies, public or private,
that can be of assistance in deterring and controlling juvenile delinquency.
Police officers play a very important part in the Juvenile Justice System. Patience,
understanding and firmness, together with close cooperation with court officials in the
processing of juvenile cases, are necessary for the system to operate most effectively.
Police officers should be aware that constitutional rights are not lost by virtue of one's
age. Indeed, juveniles’ merit greater protection, especially in the areas of questioning
and waiver of rights.
The State Legislature has rescinded the law formerly referred to as CHINS (Children
in Need of Services) and replaced with numerous provisions concerning Children
Requiring Assistance. Rather than arresting certain young persons, the Police may
place them in “custodial protection”, but not handcuff, shackle or even bring them to
the Police Station. Until the legislature or a court clarifies certain provisions of the
new law, the Department will do its best to interpret and comply with the spirit of the
legislation, which is clearly aimed at further separating certain so-called “status
offenders” from the stigmatizing effects of certain aspects of the criminal justice
system.

II.

POLICY
A. It is the policy of the Stow Police Department that:
1. Juveniles shall be afforded their constitutional and statutory rights when being
questioned, searched, detained, or arrested; [44.2.2(2C)]
2. Juvenile offenders shall not be detained at the public safety facility for any
amount of time longer than necessary; [44.2.2(2D)]
3. Children Requiring Assistance shall be provided custodial protection and other
required services where this can be done safely.
4. Stow Police Officers shall, whenever reasonable and justified under this policy,
take those measures necessary to effect positive change in juvenile offenders
that are consistent with Massachusetts law and the safety and security interests
of the community.
5. The Stow Police Department is committed to the development and perpetuation
of programs to prevent and control juvenile delinquency. [44.1.1]

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Policy & Procedure # 1.15: Handling Juveniles

6.Officers may never arrest or place a child into protective custody for failing to
obey a legal custodian, failing to obey school regulations, failing to attend
school, or violating a local curfew.

III.

DEFINITIONS
A. Child Requiring Assistance: Any child between the ages of six (6) and eighteen
(18) who:
1. Repeatedly runs away from the home of the child’s parent, legal guardian or
custodian.
2. Repeatedly fails to obey the lawful and reasonable commands of the child’s
parent, legal guardian or custodian, thereby interfering with their ability to
adequately care for and protect the child;
3. Repeatedly fails to obey the lawful and reasonable regulations of the child’s
school; or
4. Is habitually truant. [44.2.2(2A)]
B. Delinquent Child: A juvenile who violates any city ordinance or town by-law or
who commits any offense against the Commonwealth;

A.

"Delinquent child," a child between 12 and 18 years of age who commits any
offense against a law of the commonwealth; provided, however, that such offense
shall not include:
• a civil infraction,
• a violation of any municipal ordinance or town by-law
• or a first offense of a misdemeanor
o for which the punishment is a fine, imprisonment in a jail or house of
correction for not more than 6 months or both such fine and imprisonment.i
•

Important Note:
o The previous definition of a ''Delinquent child'' was much broader.
Previously it was defined as a child between the ages of seven (7) and
eighteen (18) who violates any city ordinance or town by-law or who
commits any offense against a law of the commonwealth.
o The New Age of Criminal Responsibility has been increased from 7 to
12 years of age.

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Policy & Procedure # 1.15: Handling Juveniles

o In addition the new statute states in pertinent part that juveniles shall not be
found delinquent in juvenile court for any misdemeanor for which the first
offense is punishable by less than 6 months in the House of Correction.
o With that in mind, there is nothing in this newly modified definition of a
“Delinquent Child" under Chapter 119 Section 52 that specifically
precludes police officers from making an arrest under certain circumstances
such as:
1.
2.
3.

when specifically authorized by statute based on “probable cause”;
when specifically authorized by statute when the violation occurs in the
presence of a police officer; or
when the violation takes place in the presence of a police officer in which said
violation amounts to an ongoing or prospective breach of the peace.
o Therefore, arrests of juveniles for certain types of misdemeanors which
carry a penalty for less than six months including but not limited to the
following:
•
•
•
•
•
•
•
•
•
•

Indecent Exposure,
Disorderly Conduct,
Disturbing the Peace,
Minor Transporting Alcohol,
Operating with a Suspended License,
Shoplifting,
Threats,
Driving without a license
Breaking and Entry to Commit a Misdemeanor, or
Making Annoying/Harassing Phone Calls

shall be avoided unless absolutely necessary as a last resort when de- escalation
and all other efforts have failed to resolve the situation.
o Until such time as the state legislature provides additional clarity and
guidance on this complicated issue, the preferred response for a violation
of these listed enumerated offenses is to avoid making an arrest whenever
possible. However, when circumstances warrant, such as to quell as
ongoing breach of the peace and an arrest becomes the only viable option,
officers of this department shall continue to be authorized to make such an
arrest if any of the 3 conditions above exist.

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Policy & Procedure # 1.15: Handling Juveniles

o If an arrest is made a Clerk Magistrate and/or District Court Judge shall
continue to make such a determination in the juvenile session of the district
court prior to arraignment as to whether or not a complaint shall issue.
THE DEFINITION OF “FIRST OFFENSE”
Recently, the Massachusetts Supreme Judicial Court in Wallace W., a juvenile v.
Commonwealth, 482 Mass. 789 (2019), ruled on the meaning of “first offense”
under the revised definition of a Delinquent Child. The SJC ruled that the
Legislature intended to excuse a juvenile’s first, isolated instance of
misconduct. However, once a juvenile commits a “first offense” – a first
adjudication of delinquency - the Juvenile Court has jurisdiction over all other
offenses not excluded under § 52. The Court stated that such a charge is a “first
offense” unless the juvenile has a prior adjudication of delinquency. Once a
juvenile has committed his or her single “first offense,” the Juvenile Court may
exercise jurisdiction over subsequent six (6) months or less misdemeanors. In its
decision, the Court provided examples in which the Juvenile Court may or may
not exercise its jurisdiction over an application for a delinquency complaint
charging a juvenile with a six (6) months or less misdemeanor.
1. Juveniles who have no prior record and a single new charge, a delinquency complaint
application charging the juvenile with a single six months or less misdemeanor, shall
be dismissed as a “first offense.”
NOTE: The Juvenile Clerk will review the MassCourts internal database to
determine whether the juvenile has any prior involvement with the juvenile court.
Such involvement may not appear on the juvenile’s BOP.
2. Juveniles who have previously been adjudicated delinquent may be arraigned in the
Juvenile Court since the offense/charge would not be the juvenile’s “first offense.”
3. In situations where juveniles have not been previously adjudicated delinquent for any
offense but who may nonetheless have engaged in multiple offenses the Court has set
forth the following procedure:
a. “[A] delinquency complaint application charging the juvenile with a six month
or less misdemeanor may issue upon a finding of probable cause on the
charge, provided that the Commonwealth notifies the clerk- magistrate prior to
the issuance of the complaint that it intends to prove multiple offenses during
any subsequent proceedings.”

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Policy & Procedure # 1.15: Handling Juveniles

b. “If a delinquency complaint issues on the subsequent six months or less
misdemeanor, the juvenile may move to dismiss the complaint prior to
arraignment on the grounds that the charged conduct is a first offense under
§52.”
c. “A pre-arraignment evidentiary hearing shall then be ordered, at which time the
Commonwealth must prove that the charge upon which the complaint has
issued is not the juvenile’s first offense under 52.”
NOTE: A prior offense may be a previous dismissal of a single “first offense” by
the Juvenile Clerk due to the fact the juvenile had no prior court involvement. It is
important to understand that a prior dismissal on the merits of the case cannot be
the basis for a previous dismissal of a “first offense” for the purposes of
proceeding on a subsequent offense.
d. “The Commonwealth must do this “by proving, beyond a reasonable doubt,
that the juvenile has committed a prior offense.”
e. If the motion judge finds beyond a reasonable doubt that the juvenile has
committed a prior offense, the Commonwealth may proceed to arraignment on
the charge upon which the delinquency case is based.
f. If the motion concludes that the Commonwealth has not met its burden, the
complaint shall be dismissed as a “first offense” under G.L. c. 119 § 52.
A.

Youthful Offender: A person who is subject to an adult or juvenile sentence for
having committed, while between the ages of fourteen (14) and eighteen (18), an
offense against a law of the commonwealth which, if he were an adult, would be
punishable by imprisonment in the state prison, and
(a) has previously been committed to the department of youth services, or
(b) has committed an offense which involves the infliction or threat of serious bodily
harm in violation of law, or
(c) has committed a violation of paragraph (a), (c) or (d) of section ten or section ten E
of chapter two hundred and sixty-nine; provided that, nothing in this clause shall allow
for less than the imposition of the mandatory commitment periods provided in section
fifty-eight of chapter one hundred and nineteen.ii

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Policy & Procedure # 1.15: Handling Juveniles

B.

Non-Offenses: Children held in protective custody because they were found present
where controlled substances are kept pursuant to G.L. c. 94C, s. 36, or are
incapacitated due to intoxication pursuant to G.L. c. 111B, s. 8.

C.

Non-Secure Custody: A condition under which a juvenile’s freedom of movement is
controlled by members of the Framingham Police Department and, during such time,
the juvenile: 44.2.2 a
1.

Status offenders are held in an unlocked, multi-purpose room that is in no way
designed for residential use; Rooms #’s 103, (Officer Report Room) &
108 (OIC Office) Monitored and under the supervision of the arresting officer,
prisoner (detainee) control officer or the officer-in-charge

2.

Is not handcuffed to any stationary object;

3.

Is held only long enough to complete identification, investigation and
processing and then released to a parent or guardian or transferred to a juvenile
facility or the court; and

4.

Is under continuous supervision until released.

D.

Secure Custody: A condition under which a juvenile’s freedom of movement is
controlled by being placed in a cell or locked room (or set of rooms) or being
handcuffed to a stationary object.iii

E.

Custodial Protection: A term used but not defined in several parts of MGL c. 119,
referring to actions resembling Non-Secure Custody, above, but without handcuffing,
restraining or even transporting the young person to a police facility.

F.

Age of Criminal Majority: The age of Criminal Responsibility shall now be 12 years
of age.iv
I
"Restraints": a device that limits voluntary physical movement of an
individual, including leg irons and shackles, which have been approved by the
trial court department.v

C. Juvenile: A juvenile, for purposes of Massachusetts criminal law, is anyone
between the ages of 7 and 18.

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Policy & Procedure # 1.15: Handling Juveniles

D. Status Offender: A juvenile who has committed an offense that would not be a
crime if committed by an adult. This includes runaways, truants, and youth
curfew violations. [44.2.2(2A)]
E. Non-Offenses: Children held in protective custody because they were found
present where controlled substances are kept pursuant to G.L. c. 94C, s. 36, or are
incapacitated due to intoxication pursuant to G.L. c. 111B, s.8.
F. Non-Secure Custody: A condition under which a juvenile’s freedom of
movement is controlled by members of the department and, during such time, the
juvenile:
1. Is held in an unlocked, multi-purpose room that is in no way designed for
residential use:
2. Is not handcuffed to any stationary object;
3. Is held only long enough to complete identification, investigation, and
processing and then released to a parent or guardian or transferred to a juvenile
facility or the court; and
4. Is under continuous supervision until released.
G. Secure Custody: A condition under which a juvenile’s freedom of movement is
controlled by being placed in a cell or locked room (or set of rooms) or being
handcuffed to a stationary object.
H. Custodial Protection: A term used but not defined in several parts of MGL c. 119,
referring to actions resembling Non-Secure Custody, above, but without confining
a child in shackles or similar restraints or court lock-up, or even transporting the
young person to a police facility.

IV.

PROCEDURE
A. Administration
1. The Chief of Police has designated juvenile officers (school resource officers)
to have primary responsibility for juvenile operations. [44.1.1(2A)(2B)]
2. The responsibility for participating in and supporting the department’s juvenile
operations is primarily a function of the Department’s Student Resource
Officers (SROs). However, these responsibilities may also be shared by all
department components and personnel in the course of their assigned duties.
[44.1.1(2A)(2B)]

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Policy & Procedure # 1.15: Handling Juveniles

B. Enforcement Alternatives [44.2.1(1)]
1. Stow Police personnel dealing with juveniles in enforcement capacities may
exercise reasonable discretion in deciding appropriate action. Personnel shall
use the least coercive among reasonable alternatives, consistent with preserving
public safety, order, and individual liberty.
2. Whenever reasonable and possible, an officer will request a summons for a
juvenile rather than taking him/her into custody.
3. Alternatives available include the following:
a. Release with no further action or following informal counseling when no
arrest has been made. Officers may turn the juvenile over to his/her parent
or guardian when appropriate; [44.2.1 (2A)]
b. Informal referral to an appropriate community-based referral program such
as; Restorative Justice (C4RJ) or a similar Diversion Program [44.2.1(2D)];
c. Limited custody and station house warning. The juvenile shall be held in
non-secure custody until released to his/her parent(s) or guardian;
d. Issue a citation or applying for a juvenile court complaint application; and
[44.2.1(2B)(2C)].
e. Arrest when appropriate and authorized.
4. Criteria When Choosing an Alternative in lieu of Custody [44.2.1(b)]
a. In considering a course of action, personnel shall consider the nature of
the offense, the age of the juvenile, the juvenile’s prior contacts with the
police, the availability of community-based rehabilitation programs, and,
in some cases, the recommendation of the complainant or victim.
Note: No arrests are authorized in cases involving Children Requiring
Assistance
C. Referral to Juvenile Court [44.2.1(c)]
1. While a Stow Police Officer should recognize the unique and often sensitive
nature of juvenile contact, he/she should not be deterred from properly
enforcing the law when required to do so. A decision to arrest should be based
on the same legal considerations as the arrest of an adult.
2. Stow Police Officers may arrest juveniles for acts of delinquency and status
offenses. [44.2.2(2A)]

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Policy & Procedure # 1.15: Handling Juveniles

3. Arrested juveniles are subject to the same security and other transportation
requirements as adults and may be handcuffed or otherwise restrained as
necessary during transport and processing. See department policy on
Transportation of Detainees (3.01). However, Children Requiring Assistance
shall not be confined in shackles, handcuffs, or similar restraints, and should not
be transported to the police station. Transportation to the police station is an
absolute last resort in order to make further arrangements for the child.
4. When a juvenile is taken into custody, the juvenile shall be brought to the
public safety facility or a DCF-authorized detention facility without delay,
unless the juvenile is in need of emergency medical treatment. The Juvenile
Officer shall be informed of the arrest as soon as possible. [44.2.2(2D)]
5. When a juvenile is taken into custody, the Patrol Shift Supervisor shall:
a. Notify the probation officer for the Juvenile Court (Framingham) for the
judicial district in which the juvenile was arrested;
b. Notify at least one parent/guardian or the person with whom the child
resides if possible; [44.2.2(2E)] and
c. Inquire into the situation to ensure that proper cause for the arrest existed
and that the juvenile was and is treated in accordance with the law. The
juvenile may be detained pending such notice and inquiry.
6.A juvenile offender shall be released:
1.
A.

Where booking is completed while the Juvenile Court is in session:

Pursuant to Chapter 119 Section 66, Except as otherwise provided in section sixtyseven and in section twelve of chapter one hundred and twenty, no child under 18 years
of age shall be detained by the police in a lockup, police station or house of detention
pending arraignment, examination or trial by the court. No child under 18 years of age
shall be committed by the court to a jail or house of correction or to the state farm,
pending further examination or trial by the court or pending any continuance of his
case or, except as otherwise provided in sections fifty-two through eighty-four upon
adjudication as a youthful offender.
2.

Where booking is completed while the Juvenile Court is not in session:

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a.

Pursuant to Chapter 119 Section 67(a), Whenever a child between 12
and 18 years of age is arrested with or without a warrant, as provided by
law, and the court or courts having jurisdiction over the offense are not
in session, the officer in charge shall immediately notify at least 1 of the
child's parents, or, if there is no parent, the guardian or custodian with
whom the child resides or if the child is in the custody and care of the
department, the department of children and families. Pending such
notice, such child shall be detained pursuant to subsection (c) of Chapter
119 Section 67 [section 7 below].vi 44.2.2(e)

b.

Pursuant to Chapter 119 Section 67(b), Upon the acceptance by the
officer in charge of the police station or town lockup of the written
promise of the parent, guardian, custodian or representative of the
Department of Children and Families to be responsible for the presence
of the child in court at the time and place when the child is ordered to
appear, the child shall be released to the person giving such promise;
provided, however, that if the supervisor of the arresting officer requests
in writing that a child between 14 and 18 years of age be detained, and
if the court issuing a warrant for the arrest of a child between 14 and 18
years of age directs in the warrant that the child shall be held in
safekeeping pending the child's appearance in court, the child shall be
detained in a police station, town lockup, a place of temporary custody
commonly referred to as a detention home of the department of youth
services or any other home approved by the Department of Youth
Services pending the child's appearance in court; provided further, that
in the event any child is so detained, the officer in charge of the police
station or town lockup shall notify the parents, guardian, custodian or
representative of the Department of Children and Families of the
detention of the child. Nothing contained in this section shall prevent
the admitting of such child to bail in accordance with law. vii 44.2.2(c)

c.

Pursuant to Chapter 119 Section 67(c), no child between 14 and 18
years of age shall be detained in a police station or town lockup
pursuant to subsections (a) or (b) [5 and 6 above] unless the detention
facilities for children at the police station or town lockup have received
the approval in writing of the commissioner of youth services. The
Department of Youth Services shall make inspection at least annually of
police stations and town lockups where children are detained. If no
approved detention facility exists in a city or town, the city or town may
contract with an adjacent city or town for the use of approved detention

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Policy & Procedure # 1.15: Handling Juveniles

facilities to prevent children who are detained from coming in contact
with adult prisoners. A separate and distinct place shall be provided in
police stations, town lockups or places of detention for such children.
Nothing in this section shall permit a child between 14 and 18 years of
age to be detained in a jail or house of correction.viii
d.

Pursuant to Chapter 119 Section 67(d), When a child is arrested who is
in the care and custody of the Department of Children and Families, the
officer in charge of the police station or town lockup where the child has
been taken shall immediately contact the department's emergency
hotline and notify the on-call worker of the child's arrest. The on-call
worker shall notify the social worker assigned to the child's case who
shall make arrangement for the child's release as soon as practicable if it
has been determined that the child will not be detained.ix

a. To a parent, guardian or other reputable person upon acceptance, by the
officer in charge, of the written promise of such person to be responsible
for the appearance of the child in court at the required time and place; or
b. To a probation officer upon receipt of a request by such officer that the
child be released to him/her.
7. A child between the ages of 14 and 18 arrested for a juvenile offense shall not
be released if:
a. The arresting Stow Police Officer requests in writing that he/she be
detained and the court issuing a warrant for the arrest of such child directs
in the warrant that he/she be held in safekeeping pending his/her
appearance in court, or
b. A probation officer directs that such a child be detained.
NOTE: Notice of detention shall be given to the parent(s) or guardian or
person with whom the child resides and to the probation officer. Nothing
contained in this section should be construed to deny the juvenile the right
to bail.
8. Juveniles arrested for criminal-type offenses are subject to the same booking
procedures as adults. See department policy on Detainee Processing (3.03) and
the Holding Facility (3.02). Juveniles taken into custody for non-criminal
offenses, as well as Children Requiring Assistance who are placed in custodial
protection, shall not be fingerprinted or photographed.

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9. The arresting Stow Police Officer, the juvenile officer, and the prosecutor
should cooperate in the preparation and presentation of the case if court action is
necessary.
a. Any police proceeding involving juveniles or Children Requiring
Assistance shall be treated in a confidential manner.
D. Holding Juveniles
All juveniles detained by the department shall be informed by the booking
officer of the procedures regarding custody, release, and transportation to
another facility or court, as applicable. The parents or guardians of the
juvenile shall also be informed of our agency and the juvenile justice
system’s procedures. [44.2.3]
1. Delinquent Offenders
a. Juveniles between ages fourteen (14) and eighteen (18) accused of
delinquent offenses may be held in secure custody for no longer than six
hours for the purpose of identifying and processing the juvenile and, if
appropriate, transportation to a juvenile facility or court.
1) Records shall be kept that specify:
a) The time the juvenile entered secure detention and the duration of
each period of secure detention;
b) The name of the police officer or custodial officer responsible for
visual supervision and the schedule of visual supervision; and
c) A statement of the need for secure detention.
NOTE: Juveniles accused of first- or second-degree murder or who will be tried in adult court as
a youthful offender are not subject to the six-hour detention limit as they are automatically tried
in adult court.
b. No child between the ages of fourteen (14) and eighteen (18) shall be
detained in a police station or town lockup unless the detention facilities
for children have received the written approval of the Commissioner of
Youth Services.
c. Lockup and other detention facilities shall be such to prevent juveniles
who are detained from coming in sight and sound contact with adult
prisoners.

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d. No child under age fourteen shall be placed in a cell or otherwise securely
detained for any reason. Such child may be held in a safe environment
pending suitable disposition. [44.2.2 d]
2. STATUS OFFENDERS
a. Where and by whom: The patrol shift supervisor or his/her designee shall
be responsible for the continuous visual and/or face-to-face monitoring of
a status offender. Status Offenders shall be held in the reports room,
interview room, Detective’s Office, or Sergeant’s Office. These rooms are
protected from public visibility. [44.2.2(3A)(3C)]
1) Status offenders may only be held long enough to complete
identification, investigation, and processing and then must be released
to parents, guardians, or other responsible adults or transferred to an
alternative juvenile facility or court; and
2) Shall not be handcuffed.
3) The juvenile does not have access to CJIS or confidential information.
[44.2.2(3B)]
3. Protective Custody
a. Juveniles in protective custody shall not be held in secure custody.
b. A child under the age of eighteen (18) may be taken into protective
custody, for a period not exceeding four hours, if an officer:
1) Finds the child at a place where the officer reasonably believes there is
a drug violation involving a controlled substance of Class A, B, or C;
2) Reasonably believes the child to be under age eighteen (18); and
3) Reasonably believes the child knew of the presence of the controlled
substance.
Note: The Patrol Sergeant or Patrol Commander shall make every
reasonable effort to notify the juvenile’s parent or guardian or other person
having lawful custody. The juvenile shall NOT be placed in a secure cell or
restrained in any way.
c. For procedures to follow when a person under age eighteen is taken into
protective custody due to consumption of alcohol or drugs or a substance
other than alcohol (M.G.L. c.111B & MGL c.111E), see the department
policy on Protective Custody.

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d. When taking a juvenile into protective custody for a drug violation
involving a controlled substance of Class A, B or C, officers shall file a
51A with the Department of Children and Families as a result of the
incident.
4. Children Requiring Assistance
Note: Children Requiring Assistance shall not be held in secure custody.
a. A child may be taken into custodial protection for engaging in the
behavior described in the definition of “Child Requiring Assistance” in
section 21, only if such child has failed to obey a summons issued
pursuant to MGL c. 119, section 39E, or if the law enforcement officer
initiating such custodial protection has probable cause to believe that such
child has run away from the home of his parents or guardian and will not
respond to a summons.
b. A parent legal guardian, or custodian of a child having custody of such
child, BUT NOT A POLICE OFFICER may initiate an application for
assistance in one of said courts stating that said child repeatedly runs away
from the home of said parent or guardian or repeatedly refuses to obey the
lawful and reasonable commands of said parent or guardian resulting in
said parent's or guardian's inability to adequately care for and protect said
child.
c. A school district BUT NOT A POLICE OFFICER may initiate an
application for assistance in said court stating that said child is not excused
from attendance in accordance with the lawful and reasonable regulations
of such child’s school, has willfully failed to attend school for more than 8
school days in a quarter or repeatedly fails to obey the lawful and
reasonable regulations of the child's school. The application for assistance
shall also state whether or not the child and the child's family have
participated in the truancy prevention program if one is available, and a
statement of the specific steps taken under the truancy prevention program
to prevent the child’s truancy; and if the application for assistance states
that a child has repeatedly failed to obey the lawful and reasonable
regulations of the school, a statement of the specific steps taken by the
school to improve the child’s conduct.
d. Upon the filing of an application for assistance, the court may issue a
summons, to which a copy of the application for assistance shall be
attached, requiring the child named in such application to appear before
said court at the time set forth in the summons. If such child fails to obey

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the summons, said court may issue a warrant reciting the substance of the
petition and requiring the officer to whom it is directed forthwith to take
and bring such child before said court. Notice of the hearing shall be given
to the Department of Children and Families.
e. Where the court summons such child, the court shall in addition issue a
summons to both parents of the child, if both parents are known to reside
in the commonwealth, or to one parent if only one is known to reside
within the commonwealth, or, if there is no parent residing in the
commonwealth, then to the parent having custody or to the lawful
guardian of such child. Said summons shall require the person served to
appear at a time and place stated therein at a hearing to determine whether
or not such child is in need of assistance.
f. Unless service of the summons required by this section is waived in
writing, such summons shall be served by the constable or police officer,
either by delivering it personally to the person to whom addressed, or by
leaving it with a person of proper age to receive the same, at the place of
residence or business of such person, and said constable or police officer
shall immediately make return to the court of the time and manner of
service.
g. A child who is the subject of an application for assistance may not be
confined in shackles or similar restraints or in a court lockup facility in
connection with any proceedings under sections 39E to 39I, inclusive. A
child who is the subject of an application for assistance shall not be placed
in a locked facility or any facility designated or operated for juveniles who
are alleged to be delinquent or who have been adjudicated delinquent.
Such a child may, however, be placed in a facility that operates as a group
home to provide therapeutic care for juveniles, regardless of whether
juveniles adjudicated delinquent are also provided care in such facility.
h. A child may not be arrested for engaging in behavior that constitutes being
a child requiring assistance.
i. A child may be taken into custodial protection for engaging in the
behavior described in the definition of “Child requiring assistance” in
section 21, only if such child has failed to obey a summons issued
pursuant to section thirty-nine E, or if the law enforcement officer
initiating such custodial protection has probable cause to believe that such
child has run away from the home of his parents or guardian and will not
respond to a summons.

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j. After a law enforcement officer has taken a child into custodial protection,
the Patrol Sergeant or Patrol Commander shall immediately, if possible,
notify the parent, another person legally responsible for the child’s care, or
the person with whom the child is domiciled, that such child is under the
custodial protection of the officer and a representative of the Department
of Children and Families if the law enforcement officer has reason to
believe that the child is or has been in the care or custody of such
department, and shall inquire into the case.
k. The law enforcement officer, in consultation with the probation officer,
shall then immediately make all reasonable diversion efforts so that such
child is delivered to the following types of placements, and in the
following order of preference:
1) to one of the child's parents, or to the child's guardian or other
responsible person known to the child, or to the child's legal custodian
including the Department of Children and Families or the child's foster
home upon the written promise, without surety, of the person to whose
custody the child is released that such parent, guardian, person or
custodian will bring the child to the court on the next court date;
2) forthwith and with all reasonable speed take the child directly and
without first being taken to the police station house, to a temporary
shelter facility licensed or approved by the Department of Early
Education and Care, a shelter home approved by a temporary shelter
facility licensed or approved by said department of early education and
care or a family foster care home approved by a placement agency
licensed or approved by said department of early education and care; or
3) take the child directly to the juvenile court in which the act providing
the reason to take the child into custodial protection occurred if the
officer affirms on the record that the officer attempted to exercise the
options identified in clauses (i) and (ii), was unable to exercise these
options and the reasons for such inability.
Notwithstanding the foregoing requirements for placement, any such
child who is taken into custodial protection shall, if necessary, be taken
to a medical facility for treatment or observation.

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4) When juveniles are detained by the Stow Police Department the juvenile,
parent or guardian shall be informed by the Patrol Supervisor/Senior
Officer about the department’s juvenile procedures regarding custody and
release to a parent or guardian. The officer will also inform the
juvenile/parent/guardian about juvenile justice system procedures regarding
transportation to another facility, or court procedures as applicable. [44.2.3
5) CRA Warrants
Officers must take into custody a child named in a CRA Warrant of
Protective Custody if they:
A. Confirm with the Juvenile Court that the CRA Warrant of Protective
Custody is still active and are able to present the child to a Juvenile Court
Judge prior to the court’s close of business for that day.
B. If unable to transport the child to a judge by close of court business, because
the WPC originated in a court outside the officers’ jurisdiction, officers
must release the child to a parent or guardian, who is willing to sign a
release form accepting responsibility to bring the child to court on the next
business day. If a parent or guardian is unavailable or unwilling, officers
should bring the child to the local juvenile court.
C. If unable to present the child to a judge by 4:30 p.m. that day, officers may
only PC the child if they have probable cause that he or she is a runaway. If
that is not the case, officers must notify a parent or guardian about the WPC
and advise them to sign a release form and bring the child to court on the
next available date. Officers may wait and attempt to serve the WPC the
next day during court hours.
D. When serving a CRA Warrant of Protective Custody, officers should:
1. Arrange for immediate medical care if necessary;
2. Explain that this is not a criminal arrest; the court issued the warrant because it is
concerned about the child’s welfare. Be empathetic, but avoid debating the merits of
the case;
3. Not use handcuffs or leg restraints;

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4. Not transport the child in a police wagon. Instead, transport the child in the secure area
of a marked or unmarked cruiser;
5. Search the child and any items he or she is carrying for dangerous objects or
contraband;
6. Radio dispatch with exact departure and arrival times, and mileage traveled;
7. Bring the child through the front door of the court to the clerk’s office;
8. File the warrant return of service form in the clerk’s office;
9. File a 51A report of child neglect with DCF in appropriate cases of parent/guardian
unavailability or unwillingness to help.
3.

CRA Runaways
Officers may take into Protective Custody (PC) a child under 18 if they
have probable cause that a child has run away from his or her legal
custodian.
Under this policy, running away applies to any child who is absent from his
or her home or other designated location without the knowledge and
permission of the child’s legal custodian. A prior episode of running away
is not required.
A. Whenever officers decide to PC a runaway, they should:
1. Arrange for immediate medical care if necessary;
2. Explain that this is not a criminal arrest; the court issued the warrant
because it is concerned about the child’s welfare. Be empathetic, but
avoid debating the merits of the case;
3. Not use handcuffs or leg restraints;
4. Consider arrest as a last resort for a runaway who is significantly noncompliant during the PC process after being repeatedly warned. Officers
may arrest for the common law crime of “interfering with a police
officer.” Once under arrest for this or any other crime, a child may be
handcuffed and held as a delinquent child; the rules for CRA placement
would not be applicable.

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5. Not transport the child in a police wagon. Instead, transport the child in
the secure area of a marked or unmarked cruiser;
6. Search the child and any items he or she is carrying for dangerous
objects or contraband;
7. Notify or have dispatch notify the child’s parent, guardian or other
responsible adult known to the child or DCF or any other agency
responsible for the child’s care or, if these contacts unsuccessful,
juvenile court probation.
8. Properly place the child in the following order of preference:
a. Priority 1: Release to DCF, another agency, a parent, guardian or
other responsible adult — provided that they sign the Juvenile
Release Form in which they promise to bring the child to court
on the next available date. To accomplish the release, police
may:
i. Preferred option. Transport the child to his or her
residence or another location to be reunited with an adult
or agency; or
ii. Permissible option. Arrange for the child to be picked up
at the police station.
b. Priority 2: After consultation with probation, call 211 — the
Runaway Assistance Program (RAP). RAP will refer officers to
the local Emergency Service Program (ESP), which arranges
temporary placement for the child. The residential program is
responsible for transporting the child to court the next day.
c. Priority 3: After consultation with probation and 211, transport
to juvenile court. Officers must complete a form at the clerk’s
office which explains that they attempted a priority 1 and 2
placement.
d. In all cases, police should:
i. Radio dispatch with exact departure and arrival times,
and mileage traveled
ii. Upon arrival at the station, ensure the child remains
uncuffed, in an unlocked room or area, under continuous
visual supervision, until the release form is signed and
pickup occurs.

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iii. Note in the incident report or CAD system why the child
was brought to the station — e.g., “mother said she could
pick up child at station in 20 minutes”; “inclement
weather; mother not home; drove child to station, aunt to
pick up in one hour”; or “call for service workload high;
child brought to station where officer
monitored
while calling parents.”
iv. Not photograph or fingerprint the child, unless absolutely
necessary to determine the child’s identity.
v. Not submit information concerning a CRA child to any
Criminal Justice Information Systems (CJIS) database.
vi. File a 51A report of child neglect with DCF in
appropriate cases of parent / guardian unavailability or
unwillingness to help.
7.

Children Incapacitated by Alcohol or knowingly in the presence of Class A, B,
or C Controlled Substances (not Classes D or E).
•

Juveniles under the age 18 may be taken into Protective Custody (PC) if
officers have probable cause that the juvenile is incapacitated by alcohol or
knowingly in the presence of Class A, B, or C Controlled Substances.

•

Incapacitation occurs when alcohol consumption makes the juvenile:
o Disorderly;
o Unconscious;
o In need of medical attention; or
o Likely to suffer or cause physical harm or property damage.

•

Officers may:
o Conduct field sobriety tests to determine if the juvenile is
incapacitated;
o Remove an incapacitated juvenile from his home if necessary;

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o Search the juvenile and any items he is carrying for dangerous
objects or contraband;
o Handcuff the juvenile;
o Transport the juvenile in a cruiser (not a police wagon) to one of the
following locations:

•



Home – provided that a legal custodian or other responsible
person is there to take custody of the juvenile. A “legal
custodian” is a parent, guardian, or agency (such as DCF)
responsible for the child’s welfare. Officers must document
the custodian or responsible person’s name in their incident
report.



Hospital or other “detoxification” facility – provided that
treatment is available (in cases of alcohol intoxication).



Police station.

Officers Must:
o Immediately transport a child to the hospital by ambulance as soon
as his or her condition presents a risk of serious injury;
o File an incident report whenever they encounter an incapacitated
child regardless of how the situation is resolved. At a minimum, the
report must convey the signs and symptoms that supported the
officer’s opinion that the child was incapacitated, and the name and,
if applicable, title of the person who took over custody of the child
from the officer.

•

When a juvenile is taken to the station under PC for alcohol intoxication or
knowingly being in the presence of certain controlled substances, officers
must:
o Notify the legal custodian as soon as they reasonably can;
o Perform a normal booking process, including an inventory of the
juvenile’s possessions. Departments are not prohibited from
collecting fingerprints and a photograph of the juvenile;
o Allow the juvenile to make a phone call;
o Provide breathalyzer (BT) rights in writing. If the juvenile elects to
undergo the BT: (for alcohol intoxication)


.10 establishes incapacitation.

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

.06 to .09 authorizes the police to decide to continue to hold
the juvenile.



.05 or less entitles the juvenile to release, although it should
be to a legal custodian or other responsible person.

o Care for the juvenile in the following order of priority:

•

8.



Release to a legal custodian or responsible person when they
arrive at the station – provided they are not incapacitated. If
a legal custodian fails or refuses to take custody of the
juvenile, consider filing a 51A report for neglect;



Arrange transport to a treatment facility or document that it
is unavailable.



Hold at the station.
•

Juveniles may not be placed in a cell, and must be
kept under continuous visual supervision in an
unlocked room or area. They may be handcuffed, but
not to a stationary object.

•

Juveniles may not be held for more than 12 hours at
the station.

Officers are not criminally or civilly liable for acting in good faith.
However, failing to help an incapacitated juvenile may result in liability

Children Incapacitated by Drugs or Inhalants
•

Juveniles under the age 18 may be taken into Protective Custody (PC) if
officers have probable cause of incapacitation due to the consumption of
drugs, inhalants, or controlled substances.

•

Incapacitation occurs when the consumption of a drug, inhalant, or some
other substance makes the juvenile:
o Disorderly;
o Unconscious;
o In need of medical attention; or
o Likely to suffer or cause physical harm or property damage.

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•

Incapacitation also exists whenever a person is administered naloxone
(aka Narcan) to counter a possible opioid overdose, regardless of the
person’s reaction

•

Officers may:
o Conduct field sobriety tests to determine if the juvenile is
incapacitated;
o Remove an incapacitated juvenile from his home;
o Handcuff the juvenile.

•

Officers must
o Search the juvenile and any items he or she is carrying for
dangerous objects or contraband;
o Transport the juvenile to the hospital by ambulance for
evaluation (although a police cruiser, not a wagon, may be used
for this purpose);
o Notify the legal custodian as soon as possible.42 However, there
is no requirement of immediate release. The custodian should be
directed to reunite with their child at the hospital. If the
custodian fails or refuses to take custody of the juvenile,
consider filing a 51A report for neglect.
o File an incident report.

•



The report must convey the signs and symptoms that
supported the officer’s opinion that the child was
incapacitated, and the name and, if applicable, title of the
person who took over custody of the child from the
officer.



The report must also list any items taken from the child.
Any lawfully possessed items must be returned to the
child or legal custodian following the incident. There is
no booking process allowed since the child is taken
directly to the hospital.

Officers are not criminally or civilly liable for acting in good faith.
However, failing to help an incapacitated juvenile may result in liability

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E. Custodial Interrogation of Minors [44.2.3(1A)]
1. For a general review of the standards and procedures to be followed when
conducting custodial interrogation see the departmental policy and procedure on
Interrogating Suspects and Arrestees. It should be remembered that the Miranda
rules apply to juveniles.
2. In addition, the police must also follow the special rules that apply to the
interrogation of juveniles.
a. INTERESTED ADULT RULE: In order to obtain a knowing and
intelligent waiver by a juvenile, in most cases a parent or interested adult
over the age of eighteen (18) must be present in the conversation by some
means (phone, Skype, Facetime, or any other social media platform),
understand the warnings and have a meaningful opportunity to consult
with the juvenile. Before initiating an interrogation, the juvenile’s parent,
legal guardian, or other interested adult (including an attorney) should be
present in the conversation.
1) FOURTEEN YEARS OR OLDER: For juveniles who are at least
fourteen (14) but under age eighteen (18), there should ordinarily be a
meaningful opportunity to consult with a parent or interested adult. If
there are valid, substantial reasons why an interested adult is not
present, officers should ensure, before interrogating the juvenile, that
[s]he understands the Miranda warnings and the consequences of
waiving them and that any waiver of his/her rights is made intelligently,
knowingly and voluntarily. A valid waiver will not occur unless the
circumstance "demonstrates a high degree of intelligence, experience,
knowledge or sophistication on the part of the juvenile”.
2) UNDER AGE FOURTEEN: No waiver of rights by a juvenile who is
12 years of age or older and under age fourteen will be valid if an
interested adult is not present, understands the warnings and has a
meaningful opportunity to consult with the juvenile.
3) EIGHTEEN YEARS OF AGE: If the suspect is eighteen (18) years of
age at the time of the offense, [s]he is considered an adult in the
criminal justice system. Thus for Miranda purposes, the special
protections afforded to juveniles do not apply.
b. INTERESTED ADULT EXPLAINED: An interested adult is, most often,
a parent of the juvenile. When the parent is unavailable, another interested
adult, who is eighteen (18) years of age or older, may be called upon, such
as depending on the circumstances, a legal guardian, an adult brother or
sister, a grandparent, family friend, or another adult relative or an attorney.

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1) A person would not qualify as an interested adult if the adult:
a) Lacks the capacity to appreciate the juvenile’s situation (e.g., is
intoxicated);
b) Appears to be actually antagonistic to the juvenile; or
c) Is required to report the juvenile’s offenses to authorities (e.g., an
employee of the Department of Youth Services, or a school official in
the case of a weapons violation on school grounds).
2) A person under the age of eighteen (18) will not satisfy the interested
adult rule.
c. OPPORTUNITY TO CONSULT: The interrogating officer should
explain to the adult that the two of them will be left alone to provide them
an opportunity to discuss the juvenile’s rights. Then the adult and juvenile
must be provided an actual opportunity to discuss the juvenile’s rights and
the consequences of the waiver.
3. Interrogation
a. Prior to conducting a custodial interrogation of a juvenile, the
interrogating officer shall be particularly careful to read each Miranda
right distinctly, clearly, and in a manner designed to ensure that the
juvenile (and any adult present on his/her behalf) follows the words being
spoken and comprehends their meaning.
b. Preferably, a written card containing the Miranda warnings should be
used. This card should be handed to the juvenile (and any adult present on
his/her behalf) so that the juvenile can read it slowly and re-read it if
necessary.
c. When an adult acting on behalf of the juvenile is present, the officer shall
read the Miranda warnings to the adult.
d. Some inquiries shall be made of the juvenile (and any adult present on
his/her behalf) as to the juvenile’s age, the most recent level of schooling
and education, whether [s]he has any reading disabilities or mental or
emotional conditions and whether [s]he understands the words contained
in each Miranda warning.
e. UNDER FOURTEEN: If the juvenile being interrogated is under the age
of fourteen, he/she must be given an opportunity to have a meaningful
consultation with an interested adult to discuss the Miranda warnings. A
parent, guardian or interested adult must be present. Both parties indicate
that they understand their Miranda Warnings and expressly waive them.

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f. AGE 14 TO 18: If the juvenile is over the age of fourteen and an
interested adult is present, the adult shall be given an opportunity to have a
meaningful consultation with the juvenile.
4. Stow Police Officers shall ensure that the interrogation is not unduly coercive,
particularly when an interested adult is not present.
a. The duration of each interrogation session should be limited, and frequent
breaks taken.
b. Absent extraordinary circumstances, only two officers shall be present at
the interrogation.
NOTE: Massachusetts courts have not ruled on how long the interrogation
session of a juvenile may continue before it becomes unduly coercive.
Whether an interrogation is unduly coercive such that a valid waiver of
rights cannot be made, is a facts and circumstances inquiry and will be
dependent on the age, intelligence, and sophistication of the juvenile, as
well as the circumstances of the interrogation.
5. REPORTS: Included in the arrest record will be the time in which each period
of interrogation was commenced and completed, the Stow Police Officers
present and the names of parents or responsible adults on hand.
F. Non-Custodial Interviews of Juveniles [44.2.3]
1. When reasonably possible, the juvenile’s parent or legal guardian should be
contacted.
2. The interview should be limited in time and reasonable breaks provided before
subsequent questioning.
3. Be on the juvenile’s level; sit with the juvenile rather than across a table or
standing over him or her.
4. Begin by introducing all involved parties by first and last name and explaining the
purpose of the interview. Refer to the juvenile by name.
5. Do not make promises or other coercive statements, whether direct or implied.
6. Speak in non-threatening tones and attempt to create a sense of honesty and
openness. Keep an open posture.

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7. Build rapport prior to questioning. Find common ground and start with a topic
that addresses the juvenile’s interests.
8. Allow the juvenile to talk freely – do not interrupt.
G. Abused or Neglected Children [44.2.2(2B)] [82.2.1]
1. A police officer who, in his/her professional capacity, has reasonable cause to
believe a child under age 18 is suffering serious physical or emotional injury or
death from abuse or neglect, including sexual abuse or malnutrition, or has been
harmed or is in danger of harm, shall immediately report such condition to the
Department of Children and Families (51A) by oral communication, followed
by a written report within 48 hours of the oral communication. Said report shall
contain the following information:
a. The names and addresses of the child and parents or other person
responsible for the child’s care, if known;
b. The child’s age;
c. The child's sex;
d. The nature and extent of the child's injuries, abuse, maltreatment or
neglect;
e. The circumstances under which the officer first became aware of the child's
condition;
f. The action taken, if any, to treat, shelter, or otherwise assist the child;
g. The name of the officer making the report;
h. Any other information that the officer believes may be helpful in
establishing the cause of the injuries; and
i. The identity, if known, of the person or persons responsible for such
injuries.
Reasonable cause may be based on officers’ own observations or on information from
another person or source.
Abuse involves any act, or the failure to act, which causes non-trivial physical injury
(including skin bruising); threats of injury; sexual contact; inappropriate verbal comments
about sex; or significant emotional injury.
Neglect is the failure or refusal of a caretaker to provide the child with one or more basic
necessities, including food, clothing, shelter, appropriate emotional guidance or medical
treatment.

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A caretaker is anyone with parental responsibility for a child on either a permanent or
temporary basis (e.g., parent, guardian, babysitter, teacher, camp counselor, bus driver).
Before the end of the officer’s shift, he or she shall personally call the local DCF office or
the 24-hour DCF Hotline 1-800-792-5200 to report the abuse
/ neglect.
Officers who are directly aware of the facts must contact DCF. They must speak to an
intake worker and not leave a message.
The fact that another mandated reporter was involved does not relieve officers of their
individual responsibility to report.
When in doubt about whether a report is necessary, officers should consult with their
immediate supervisor, who may then decide to consult with DCF.
If officers are present at the scene and believe that a child’s health, or safety is in danger,
they may:
•
•
•

•

•

Remove the child and notify DCF to respond to the station, hospital, or
another location; or
Call DCF and allow a social worker to decide whether to remove the
child.
In the event that DCF asserts legal authority to remove a child, officers
shall enter onto private property, identify those present, keep the peace,
and assist DCF in taking custody of the child.
Once the child is removed, police should typically leave. Child
removal provides no independent grounds to search for evidence.
A search must be supported by a warrant, consent or exigent
circumstances.
In emergencies, DCF may hold a child for up to 72 hours.

2. Juveniles may be taken into custody in situations where the officer believes that
the life or health of the child is in immediate danger. In such cases, the
Department of Children and Families (DCF) shall be immediately contacted and
requested to respond to the scene to take custody of the juvenile. If DCF does
not respond to the scene in a reasonable amount of time, the juvenile may be
transported to the station to await DCF.

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3. In serious cases of child neglect or abuse, the officer may apply to an
appropriate juvenile court to have custody of a child under eighteen taken away
from the parents or other neglectful or abusing custodian and have custody
transferred, on an emergency basis, to DCF or a licensed childcare agency or
individual.
Officers are immune from criminal and civil liability if they file a report in good
faith, regardless of the outcome of the investigation. Officers commit a crime if
they fail to report a case where they knew, or should have known, that abuse or
neglect was occurring.
Officers are exempt from the coverage of confidentiality rules and may furnish
any information to DCF pertaining to investigations of child abuse or neglect.
DCF is obligated to send its investigative report to the Stow Police Department
and the Middlesex District Attorney’s Office.
All Stow Police Officers are encouraged to work closely, collaboratively, and
cooperatively with DCF personnel.

H. School Resource Officer and Youth Programs [44.1.1(2A)(2B)]
1. The Chief of Police may establish and/or maintain a school resource officer
program and appoint one or more officers to do the following: [44.2.4]
a.
b.
c.
d.

Act as a resource with respect to delinquency prevention;
Provide guidance on ethical issues in a classroom setting, as requested;
Provide individual counseling and/or mentoring to students; and
Explain to students the role of law enforcement in society.

2. The department encourages all departmental personnel, as good citizens, to
participate on their off-duty time, in any community recreational programs for
youths. Where a recreational program is needed but does not exist, officers
should encourage citizens and community leaders to organize one. [44.2.5]
I. Record Keeping
1. Officers who select noncustodial alternatives or engage in informal
enforcement contacts with juveniles shall complete appropriate incident reports
as required by this agency. These reports shall clearly identify the juveniles
involved, the nature of the incident, and the rationale for the officer’s
disposition. [44.2.3(1B)]

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Juveniles taken into custody for criminal-type offenses shall be subject to the
same reporting requirements as adults. Such records, including
photographs and fingerprints, shall be clearly marked “Juvenile” and will
be separated from adult arrest records. [82.1.1(a)(b)] Dissemination of
juvenile records shall be consistent with existing MGL and Public Records
Dissemination Guide 14-81. 82.1.2 a, b. The Public police log may not
mention any juvenile’s arrest. See 41, § 98F.

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STOW POLICE DEPARTMENT
Subject:

Rev:
Expiration Date

Category: Investigations

Indefinite

MASSACHUSETTS POLICE ACCREDITATION
STANDARDS
REFERENCED: 41.2.5; 41.2.6

Sworn Personnel
Non-Sworn Personnel

I.

Annually
Effective Date

Missing Persons

Distribution

Next Review Date

POLICY
2.06

Issuing Authority

Michael Sallese
Michael Sallese
Chief of Police

PURPOSE
A missing person is one who is absent with no apparent reason or under
circumstances that may indicate involuntary disappearance. It should be remembered
that missing persons are not fugitives and often have voluntarily left home for
personal reasons of which the person making the report may be reluctant to inform
the police. Despite limited resources and the fact that many of these reports may be
unfounded or unnecessary the department cannot ignore such reports and must be
prepared to respond to all missing persons reports.

II.

POLICY
It is the policy of the Stow Police Department to:
A. To investigate every report of a missing person regardless of the method used to
file such a report. [41.2.5(2)]
B. Ensure every report of a missing person is promptly recorded, assessed, and
investigated. In particular, great care shall be exercised in investigating any

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missing, runaway, abandoned, abducted, or unidentified children case, as all
missing children must be considered at risk. [41.2.6(1A-1E)]

III.

DEFINITIONS
A. Amber Alert (America’s Missing: Broadcast Emergency Response): A
voluntary, cooperative effort involving the Massachusetts Chiefs of Police
Association, State Police, MEMA, and local broadcasters. Radio, cable, and
television stations will receive a child abduction alert message and may broadcast
it every thirty minutes for up to four hours to solicit the public’s assistance in
recovering an abducted child and quickly apprehending the suspect.
1.Quick Guide Appendix A
B. A Silver Alert is an emergency public notification system used to broadcast
information about missing persons who are typically senior citizens with
Alzheimer's disease, dementia, or other cognitive impairments.
1. Quick Guide Appendix B

IV.

PROCEDURES
A. Missing Persons, Initial Response [41.2.6(2A)]
1. DISPATCH [41.2.6(2EI)]
a. Upon receipt of a missing person complaint, the dispatcher shall log the
call and screen the incident for an appropriate initial police response.
b. The dispatcher shall immediately ascertain:
1) The age of the person;
2) The circumstance under which they [s]he was discovered missing;
a) Missing from home;
b) Missing from a public place;
c) Missing for several days;
d) Overdue; or
e) Runaway.
f) Endangerment (medical condition, handicap, clothing, abduction).

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c. If the call is a report of a missing child or any person considered to be in
immediate danger, the call shall be considered high priority and the
dispatcher shall: [41.2.6(2B)]
1) Immediately dispatch patrol officers to respond to the scene.
2) Identify if missing child suffers from any cognitive or developmental
disabilities (autism spectrum disorder)
3) Identify if missing child has eloped before and if so, where were they
located.
4) Update responding units if confirm a cognitive disorder or
developmental disorder.
5) Notify the supervisor.
6) Notify the on-duty detective.
7) Immediately enter into NCIC (even with limited information)
d. For all other missing person calls, the dispatcher shall dispatch an officer
to take a report and begin a preliminary investigation.
e. Officers should patrol the immediate area where the missing person may
be located if circumstances permit.
f. The dispatcher shall obtain other information, if possible, to relay to
responding officers to aid them.
2. PRELIMINARY INVESTIGATION
a. An officer shall be assigned to assess the situation and conduct a
preliminary investigation.
b. As much of the following information as possible shall be obtained:
[41.2.5(3A)]
1) A description of the missing person, including:
a) Name;
b) Age;
c) Gender;
d) Physical description;
e) Clothing description;

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f) Details of any known mental, emotional, or physical impairment,
and any medications. If medications are required,
i. The type,
ii. Frequency, and
iii. The last administration should be ascertained, if possible;
2) Time and place at which the person was last seen;
3) Names and relationships of anyone who may be with the person;
4) Any likely destination;
5) The name and address of the person making the report and his/her
relationship with the missing person;
6) The extent of any search already performed by the caller or other
parties, including a list of friends, coworkers, and associates who
have been contacted and a list of any who have not been reached;
7) Whether the person has ever been reported missing on previous
occasions;
8) Other information that may be useful in locating the person (for
example, particular habits or personal interests, places frequented,
location of out-of-town relatives or friends, etc.) and determining
whether the person is a potential victim of foul play;
9) Whether the person is drug dependent (prescribed medication, or
user's habit); and
10) The reason for any delay in reporting the person missing, if any.
c. The assigned officer shall complete a missing person report form with the
reporting party.
d. Appropriate steps shall be taken if the missing person is considered to be
“at risk,” including juveniles, the elderly, the mentally impaired or the
suicidal. Further information is available in Special Considerations in
this policy.
3. DISSEMINATION OF MISSING PERSON INFORMATION [41.2.5(3B)]
a. CJIS Entry: The dispatcher shall enter the missing person into the CJIS
Missing Persons database using the information gathered by the assigned
officer on the Missing Person Report form. If appropriate, an
administrative message may also be sent regarding the missing person. For

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further information, see the department policy on Communications.
[41.2.5(3C)]
1) Missing Person Under 21: Immediately upon notification of the
incident by the reporting party, even if a written report has not yet
been completed. i
2) Missing Person 21 or Older: Immediately once a Missing Person
Report form has been completed and signed by the reporting party.
b. An assigned officer and/ or the dispatcher shall broadcast to all personnel
on duty all information necessary for the recognition and identification of
the missing person.
c. If appropriate, the dispatcher may broadcast the missing person
information to other government departments (fire, highway, and water
departments) and other police agencies (neighboring police, State Police).

B. Missing Endangered Children, Initial Response
The initial response to missing endangered children is an immediate all-call response.
Missing children with autism, especially those who are severely affected, tend to
wander, or elope from their environment and often seek bodies of water, such as
streams, ponds, lakes, rivers, creeks, storm-water retention/detention basins, and
swimming pools. Because of the tendency for children with autism to wander or
elope, it is vitally important to quickly identify the unique interests of the child and
create a list of their favorite places. It is imperative first responders talk to the parents,
siblings, relatives, caregivers, and others who know the child well to ask for
information about interests, fascinations, stimulations, or obsessions when developing
search plans and determining where the child may go. This information could provide
key clues leading to a speedy recovery. - National Center for Missing and Exploited
Children.
1. FIRST ARRIVING OFFICER [41.2.6(2EII)]
a. The officer taking the report for the preliminary investigation shall quickly
evaluate the situation and conduct an immediate search of the area where
the child was last seen. It is recommended to search more than once as the
child may be hiding or hidden.
b. Identify last known location, and history of any previous elopement.

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c. Dispatch Fire Department for assistance in the search. All responding
secondary units shall begin searching areas of known water sources as
well as any previously known locations child eloped to. (pools, lakes,
ponds, etc.)
d. Supervisors shall be notified to respond and direct the search effort.
[41.2.6(2E-III)]
e. Ask about child’s behavioral and cognitive functioning and any
information about the interests and/or sensitivities.
f. Garner any and all pertinent known medical issues.
g. The officer shall notify the supervisor if the circumstances appear to meet
the criteria for an AMBER Alert. [41.2.6(2D)]
2. ADDITIONAL OFFICERS
NOTE: In order to enter private property in search of a missing person,
ordinarily a search warrant is required. However, in a true emergency
situation, there is no need for a warrant to enter premises where the officer
has reason to believe the missing person is located. ii
a. If the child is reported missing from a public area, such as a store or mall,
additional resources must be brought to bear quickly. Such sources may
include:
1) Additional police;
2) Store employees; and
3) Other government employees
4) NEMLEC
b. A permanent record shall be made of what activity is undertaken to locate
the child.
3. “AMBER” ALERT [41.2.6 (2D)]
a. Criteria for Alert: The AMBER Alert System may be activated providing:

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1) The child is under 18 years of age;
2) The police believe the child is in danger of serious bodily harm or
death; and
3) There is enough descriptive information about the child, abductor,
and/or the suspect’s vehicle to believe the immediate broadcast alert
will help.
b. An AMBER alert is not appropriate in cases where: [41.2.5(3G)]
1) No foul play is suspected;
2) The child is a runaway;
3) The child is missing as a result of a custodial dispute and the child is
not considered to be at risk of bodily harm or death; or
4) An adult is missing.
c. A supervisor may authorize a request for an AMBER alert.
[41.2.6(2E-III)]
1) An AMBER Alert activation request form should be completed prior
to making such a request. A current photo of the child, suspect,
and/or suspect vehicle, should be provided if available, preferably in
electronic format.
2) The request shall be reviewed by a supervisor to ensure that, in the
supervisor’s opinion, the criteria for such an activation request have
been met and that such an activation is appropriate.
3) The request shall be made either:
a) Orally by telephone by calling the State Police Communications
Section at 508-820-2121; or
b) By faxing an AMBER Alert activation request, 508-820-2150.
4) The request will be screened by a State Police AMBER Alert
Activation Officer. The supervisor shall be prepared to confirm the
information with the State Police AMBER Alert Activation Officer.
d. Termination: The State Police Communication Section shall be notified
immediately in the event that the child is found or recovered, or if the
circumstances no longer meet the activation criteria.

C. Missing Children, Initial Response
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1. The initial response to missing children complaints shall include the
procedures outlined in the previous section, and in addition, the following
procedures as well.
2. FIRST ARRIVING OFFICER [41.2.6(2EII)]
a. The officer taking the report for the preliminary investigation shall quickly
evaluate the situation and seek consent (if necessary) for police to conduct
an immediate hasty search of the area where the child was last seen
(including the home). iii
b. The on-scene officer should immediately establish if the missing child is a
child that suffers from a cognitive or developmental disability (autism
spectrum disorder).
c. The officer shall notify the supervisor if the circumstances appear to meet
the criteria for an AMBER Alert. [41.2.6(2D)]
d. Supervisors shall respond and direct the search effort. [41.2.6(2E-III)]
e. The reporting officer shall obtain the following mandatory information for
entry into CJIS:
1) Date of birth;
2) Date of emancipation (18);
3) Date of last contact;
4) Eye color;
5) Hair color;
6) Height;
7) Name;
8) Race
9) Sex; and
10) Weight
f. The officer shall determine other relevant information, such as:
1) Whether the child’s absence is a significant deviation from
established patterns of behavior and cannot be explained.

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2) Whether the child may be with adults, including parents and other
relatives, who may endanger the welfare of the child; and
3) The name of the school the child attends and, if relevant, the name of
the person who was supposed to pick up the child.
3. ADDITIONAL OFFICERS
a. If a child is reported to be immediately missing, the second (and
subsequent, if necessary) officer will conduct a hasty search of the area in
which the child was last seen, including the child’s home and the curtilage
of the home. Children, though missing, are often discovered to be hiding
or sleeping.
NOTE: In order to enter private property in search of a missing person,
ordinarily a search warrant is required. However, in a true emergency
situation, there is no need for a warrant to enter premises where the officer
has reason to believe the missing person is located. iv
b. If the child is reported missing from a public area, such as a store or mall,
additional resources must be brought to bear quickly. Such sources may
include:
1) Additional police;
2) Store employees; and
3) Other government employees.
c. A permanent record shall be made of what activity is undertaken to locate
the child.
4. “AMBER” ALERT [41.2.6 (2D)]
a. Criteria for Alert: The AMBER Alert System may be activated providing:
1) The child is under 18 years of age;
2) The police believe the child is in danger of serious bodily harm or
death; and
3) There is enough descriptive information about the child, abductor,
and/or the suspect’s vehicle to believe the immediate broadcast alert
will help.

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b. An AMBER alert is not appropriate in cases where: [41.2.5(3G)]
1) No foul play is suspected;
2) The child is a runaway;
3) The child is missing as a result of a custodial dispute and the child is
not considered to be at risk of bodily harm or death; or
4) An adult is missing.
c. A supervisor may authorize a request for an AMBER alert.
[41.2.6(2E-III)]
1) An AMBER Alert activation request form should be completed prior
to making such a request. A current photo of the child, suspect,
and/or suspect vehicle, should be provided if available, preferably in
electronic format.
2) The request shall be reviewed by a supervisor to ensure that, in the
supervisor’s opinion, the criteria for such an activation request have
been met and that such an activation is appropriate.
3) The request shall be made either:
a) Orally by telephone by calling the State Police Communications
Section at 508-820-2121; or
b) By faxing an AMBER Alert activation request, 508-820-2150.
4) The request will be screened by a State Police AMBER Alert
Activation Officer. The supervisor shall be prepared to confirm the
information with the State Police AMBER Alert Activation Officer.
d. Termination: The State Police Communication Section shall be notified
immediately in the event that the child is found or recovered, or if the
circumstances no longer meet the activation criteria.

D. Follow-Up Investigations and Searches [41.2.5(3E)]
1. INVESTIGATOR [41.2.6(2E-IV)]
a. The investigating officer should interview the person who reported the
person missing to verify information already available and to obtain

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further facts that may be helpful to the investigation and further searches.

[41.2.5(3D)]

b. Where appropriate, police records should be consulted for any further
information about the missing person.
2. ADDITIONAL MATERIALS
a. The investigator shall request written authorization for the release of
medical and dental records v
b. The investigator may request additional materials for investigative
purposes, as appropriate:
1) Photographs of the victim for disbursal to police patrols, the media,
and other organizations supporting the search or investigation;
2) A DNA kit (if available) or a toothbrush, brush, or other source of
cells for DNA testing; and
3) A copy of the missing person’s fingerprints, if available.
3. INVESTIGATORS NOTIFICATIONS
a. The District Attorney's office (CPAC) may be notified.
b. The Massachusetts Missing Persons Clearing House should be notified:
Commonwealth Fusion Center, 124 Stow Street, Maynard, MA, 01754,
Voice (978) 451-3700, FAX: (978) 451-3707.
c. In cases of apparent stranger abductions, the FBI field office should be
contacted (857) 386-2000.
4. MISSING CHILDREN NOTIFICATIONS
a. The juvenile officer shall be notified; regardless of to whom the
investigation is assigned.
b. MANDATORY: The last known elementary or secondary school where
the child was enrolled shall be notified in accordance with Massachusetts
law. vi

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1) Such schools are required to mark the records of missing children
and report any requests for such records to the police.
2) Upon finding the child, the school shall be notified in order to
remove “lost child” markings.
c. National Center for Missing and Exploited Children HOTLINE: Report
missing children, 1-800-THE-LOST (1-800-843-5678).
5. MEDIA NOTIFICATION: Notification of the general public through any of
the news media can be valuable in locating a missing person. [41.2.5(3G)]
a. A decision to use the media shall be made after approval by the Chief of
Police and consultation with the family of the missing person.
b. Considerations should be made for “at risk” missing persons.
6. CONTACT WITH REPORTING PARTY: Investigators assigned to a missing
person case should maintain contact with the family members and/or the
reporting party. A follow-up report shall be filed within ten (10) days of the
filing of the missing person report, with additional reports on the status of the
investigation filed at least every month for as long as the case remains open.
[41.2.5(3D)]

E. Special Considerations for Critically Missing or At-Risk Persons
[41.2.5(3F)]
1. VOLUNTARILY MISSING (RUNAWAY) JUVENILES
a. A voluntarily missing juvenile case investigation focuses on the family,
friends, school, and lifestyle of the missing juvenile.
b. In determining whether a juvenile is voluntarily missing, officers should
consider whether the juvenile took any items to which they have [s]he has
a particular sentimental attachment.
c. Other units in the department and nearby jurisdictions should be informed
of the case and provided with pictures of the missing juvenile.

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d. The officer should instruct the parent(s) to secure a Child Requiring
Assistance (CRA) warrant of protective custody from the juvenile court as
soon as possible to aid in the recovery of the juvenile.
1) An officer may take a runaway child into custodial protection
without a CRA warrant if the officer has probable cause to believe
that the child has run away from the home of his/her parents and
may not respond to a summons (will run away again). vii
2) A CRA warrant is only valid while the Juvenile court is open.
e. Any indication of neglect or abuse in the family should be considered, and
upon recovery of the missing juvenile, appropriate follow-up action shall
be taken by the investigating officer where appropriate, including filing a
neglect and abuse report with the Department of Children and Families
(DCF). viii
2. PARENTAL KIDNAPPING
a. A non-custodial parental kidnapping case requires a thorough
investigation, as the abducting parent is in violation of the law, and the
juvenile abducted by a parent may be in serious danger. ix The
investigation focuses on the abductor parent, his/her friends and relatives,
and on the needs of the juvenile for public care.
b. A thorough check of bank records, employment, labor unions, credit
bureaus, and any other governmental agencies should be made in an
attempt to locate the abductor.
1) Child Support Enforcement, Massachusetts Department of Revenue:
1-800-332-2733
2) Federal Parent Locator Service: (202) 260-7855 FAX: (202) 4015647
c. If friends or relatives are thought to be in contact with the abductor
through the mail, the postal inspector's office may be asked to place a
"cover" on that individual's mail.
d. When sufficient supporting data is provided, criminal charges should be
filed against the abductor parent.

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1) The District Attorney's office should be notified in noncustodial
parental kidnapping cases to expedite court procedures.
2) In certain cases, the District Attorney's office may seek a Federal
Unlawful Flight to Avoid Prosecution Warrant through the United
States Attorney's office.
3. STRANGER ABDUCTION OF JUVENILES
a. Stranger abduction cases require that the juvenile be considered in extreme
danger and, therefore, every available resource of the department shall be
utilized to find the juvenile and ensure his/her safety.
b. The District Attorney's office and State Police Missing Persons Unit
should be notified in all stranger abduction cases. The FBI should also be
informed of the abduction.
4. JUVENILES MISSING FOR UNKNOWN REASONS: Juveniles missing for
unknown reasons shall be assumed to be kidnapped and investigated
aggressively.
5. ALZHEIMER’S DISEASE
a. Begin with the same procedure for all missing persons.
b. When a person with Alzheimer’s is reported missing, an investigation
shall be initiated immediately, as such persons are considered at risk.
c. The patrol shift supervisor during the missing person report shall as
immediate as can be telephone Safe Return at 1-800-572-1122. Safe
Return is a national Alzheimer registry available to law enforcement to
help resolve lost elder cases. The Alzheimer’s Association operates Safe
Return twenty-four hours per day. It will issue a Fax Alert to surrounding
departments, hospitals, shelters, and elder service agencies in the Stow
area.
d. The Massachusetts State Police can be contacted for the Silver Alert
system which will assist in activating a statewide organized response when
deemed necessary much like the Amber Alert.

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e. Check residence or other familiar areas known to the individual.
f. Notify Stow Fire and Stow DPW, as well as adjacent communities, State
Police of missing person.
g. Notify change of shift of the missing person report.
h. Patrol shall periodically re-check the area where the person was last seen.
These individuals are usually found within a mile or two from where they
disappeared.
i. Safe Return will follow up with the missing person’s caregivers. The
patrol shift supervisor shall notify Safe Return when the person is located.
[41.2.5(3G)]

F. Recovery of Missing Person [41.2.6(F)]
1. REPORTED MISSING AND RECOVERED IN THE JURISDICTION OF
THIS DEPARTMENT
a. Whenever a missing person is located, officers shall ensure that medical
attention is provided if required.
b. If the recovered person was reported missing to this department, the patrol
shift supervisor shall ensure:
1) Notification of all of the agencies involved in the recovery effort, to
include:
a) Law Enforcement agencies;
b) AMBER/SILVER Alert 508-820-2121, FAX 508-820-2150;
c) The last elementary school attended;
d) National Center for Missing and Exploited Children 1-800-THELOST (1-800-843-5678)
e) Missing Persons Clearing House (Fusion Center) 978-451-3700,
FAX 978-451-3707; and
f)

Safe Return (Alzheimer’s) 1-800-572-1122.

2) The removal of the information from CJIS; [41.2.5(3C)] and

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3) The investigating officer is notified the missing person is located.
c. When an adult missing person is located, the investigating officer shall
notify the party originating the report of the status of the missing person,
bearing in mind the missing person's right to privacy. [41.2.5(3D)]
d. When a missing juvenile is found, the investigating officer shall notify the
parent or legal guardian of the juvenile’s location so that the parent or
guardian may retrieve the juvenile. If the parent or guardian is unable to
do so, the Department of Children and Families shall be notified in an
effort to provide temporary custody for the child.
e. All missing persons, when found, shall be questioned as to their
whereabouts and activities.
f. Investigating officers should determine whether the missing person was
the victim of any crime during the period of absence. Eliciting a full
account of the missing person's whereabouts is essential to future
corroboration of the missing person's story.
g. Investigating officers locating a missing person shall file a report detailing
the circumstances surrounding the finding of the person, and note any
particular difficulties encountered (for example, reluctance or refusal to
return home), as this may signal neglect or abuse in the family. If there is
any indication of neglect or abuse of a child, a report should be filed with
the Department of Children and Families. x Any other appropriate followup action, including the filing of criminal charges, should be taken.
h. If a missing person is found dead, see the department policy on Dead
Bodies for further information.
2. REPORTED MISSING IN THIS JURISDICTION AND RECOVERED IN
AN OUTSIDE JURISDICTION [41.2.6(F)]
a. Upon notification that a missing person has been found outside the
department’s jurisdiction, the patrol shift supervisor shall ensure:
1) Notification of all of the agencies previously notified or involved;
2) The removal of the information from NCIC; and [41.2.5(3C)]

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3) Notification of the investigating officer that the missing person has
been located.
b. The investigating officer shall notify the party originating the report.
c. The investigating officer shall file a report detailing the conclusion of the
missing person’s investigation in accordance with departmental
procedures.
3. REPORTED MISSING OUTSIDE OF THIS JURISDICTION AND
RECOVERED IN THIS JURISDICTION [41.2.6(F)]
a. The jurisdiction shall be notified of the recovery, circumstances, and
condition of the recovered missing person.
b. The patrol shift supervisor will ensure that any needed or requested
investigative assistance is provided. [41.2.6(2E-III)]
c. The Stow Police Department shall assist in arranging accommodations or
contact the Department of Children and Families in the event that the
person is a juvenile.
d. Children: Transportation and Accommodations: The National Center for
Missing & Exploited Children's (NCMEC) Hotline coordinates a program
to assist families in the reunification process by arranging for
transportation and lodging for families who cannot afford these costs when
picking up their missing child once found: 1-800-THE-LOST (1-800-8435678).
4. CHILD ABANDONMENT [41.2.6(1C)]
a. In cases where children have been reported to be or appear to be
abandoned, and an officer has reason to believe that such child is
abandoned, the following procedure applies:
1) Take the child into custody.
2) Provide any medical assistance.
3) Interview the child in an attempt to determine:
a) The identity of the caretaker(s)

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b) Relatives in the immediate area; and
c) Circumstances of the abandonment.
4) Notify the Department of Children and Families to transfer custody.
5) Conduct an appropriate investigation to:
a) Locate the parent, guardian, or caretaker;
b) Determine the circumstances of the abandonment; and
c) Identify any criminal violations.
5. RECOVERED UNIDENTIFIED PERSONS [41.2.6(2A)]
a. Follow the procedure above.
b. Obtain information for entry into the CJIS Unidentified Persons File.
Obtain appropriate data for the following mandatory data fields:
1) Body parts status (if deceased);
2) X-Rays available;
3) Manner and cause of death;
4) Date body found;
5) Estimated year of birth;
6) Eye color;
7) Footprints available (mandatory in certain cases);
8) Fingerprint classification (mandatory in certain cases);
9) Hair color;
10) Height;
11) Race;
12) Sex; and
13) Weight.
c. Contact the National Center for Missing and Exploited Children: 1-800THE-LOST (1-800-843-5678).
d. The Massachusetts Missing Persons Clearing House should be notified:
Commonwealth Fusion Center, Voice (978) 451-3700, FAX: (978) 4513707.

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Policy & Procedure # 2.06: Missing Persons

MISSING PERSONS INFORMATION:
i

M.G.L. c. 22A, s.4

ii

Com. v. Bates, 28 Mass. App. Ct. 217, 548 N.E.2d 889 (1990)

iii

M.G.L. c. 22A, s.4

iv

Com. v. Bates, 28 Mass. App. Ct. 217, 548 N.E.2d 889 (1990)

v

M.G.L. c. 22A, s. 6

vi

M.G.L. c. 22A, s. 9

vii

M.G.L. c. 119, s. 39H

viii

M.G.L. c. 119, s. 51A

ix

M.G.L. c. 265, s. 26A

x

M.G.L. c. 119, s. 51A

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Policy & Procedure # 2.06: Missing Persons

Appendix A

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Policy & Procedure # 2.06: Missing Persons

Appendix B

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Policy & Procedure # 2.06: Missing Persons

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STOW POLICE DEPARTMENT
Subject:

Lake Boon Patrol Officer

Effective Date:
Rev:

Indefinite

MASSACHUSETTS POLICE ACCREDITATION
STANDARDS

REFERENCED:16.3.1; 16.3.2; 16.3.3; 16.3.4; 16.3.5; 16.3.6;
16.3.7; 16.3.8; 22.2.5, 72.4.3

Sworn Personnel
Non-Sworn Personnel

Annually

Expiration Date

Category: Administration

Distribution

Next Review Date

POLICY
4.18

Issuing Authority

Michael Sallese
Michael Sallese
Chief of Police

Purpose

This policy establishes the authority, requirements, responsibilities, and limitations of Lake Boon
Patrol Officers employed by the Stow Police Department. It outlines their role as limitedcapacity sworn officers assigned to Lake Boon, ensuring compliance with Massachusetts law,
departmental standards, and training requirements while promoting public safety and effective
lake patrol operations.

I.

Authority, Appointment, and Scope of Role

1. At the discretion of the Chief of Police, the Stow Police Department may employ Lake
Boon Patrol Officers for use in a limited capacity.
2. Lake Boon Patrol Officers are utilized for designated assignment determined by the Chief
of Police on Lake Boon. [16.3.1]
3. Lake Boon Patrol Officers are sworn in by the Town Clerk and take an Oath of Office
every three (3) years. These records are kept on file with the Town Clerk.
4. Lake Boon Patrol Officers have all the same police powers as regular full-time officers
while they are on duty pursuant to M.G.L. c. 41 s. 98.
5. Lake Boon Patrol Officer’s police powers are limited to the time they are on-duty.
6. Lake Boon Patrol Officers do not have police powers when off-duty

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Policy & Procedure # 4.18: Lake Boon Patrol Officer

II.

Minimum Qualifications and Selection

1. Lake Boon Patrol Officers must obtain Boating Safety Class Certification.
2. Prior to being appointed, Lake Boon Patrol Officers must possess a High School Diploma
or equivalent and meet all Massachusetts educational requirements. [16.3.8]
3. The selection criteria for Lake Boon Officers are the same as that for full-time officers.
See Recruitment and Selection Procedure (4.12). [16.3.2]

III.

Training and Certification Requirements

IV.

Uniforms, Equipment, and Responsibilities

1. Lake Boon Patrol Officers, at a minimum, must attend a POST/MPTC-approved recruit
academy prior to undertaking any police powers or working in any capacity as a police
officer (including details) and remain fully certified under POST requirements. [16.3.3]
2. Once appointed as a Lake Boon Patrol Officer, the employee must maintain all State and
Department mandated training.
3. The officer will be required to attend annual in-service training equal to that of full-time
officers. [16.3.5]

1. Lake Boon Patrol Officers shall have the same uniforms as permanent full-time officers
and wear the Utility Uniform.
2. Lake Boon Patrol Officers are responsible for the costs of their uniforms and equipment.
3. The Stow Police Department will supply the following equipment to Lake Boon Patrol
Officers: [16.3.4] [22.2.5]
a. Firearm and ammunition.
b. Three (3) magazines.
c. Two (2) badges: One (1) uniform shirt badge and one (1) cover badge.
d. O/C Spray (Pepper spray).
e. Taser.
f. State issued identification.
g. Radio.
h. Body-worn Camera
i. Any other items the Chief deems necessary.
4. Lake Boon Patrol Officers are responsible for additional approved equipment.
5. Lake Boon Patrol Officers will return all provided equipment at the termination of their
employment.

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Policy & Procedure # 4.18: Lake Boon Patrol Officer

V.

VI.

Firearms Qualification and Proficiency

1. At least twice per year, Lake Boon Patrol Officers will be tested and qualified in firearms
proficiency.
2. Said Firearms Proficiency Test will be equal to the full-time officers and that of the
MPTC and Massachusetts Regulations.
3. It is the responsibility of a Lake Boon Patrol Officer to practice their firearms proficiency
on their own time and at their own expense.
4. If any Lake Boon Patrol Officer fails to qualify, they will be immediately removed from
duty.
5. They will then be given remedial training, however, if they again fail to qualify, they may
be discharged from employment. [16.3.6]
6. Lake Boon Patrol Officers are authorized to take home their department-issued firearm.
7. Lake Boon Patrol Officers shall abide by Massachusetts G. L. Chapter 140 Section 131L:
Proper Storage of a Firearm

Employment Status and Administrative Conditions

1. All Lake Boon Patrol Officers will have liability insurance coverage equal to that of the
full-time officers. [16.3.7]
2. Lake Boon Patrol Officers are not covered by any contractual relation and are deemed
employees at will.
3. The Chief of Police may terminate a Lake Boon Patrol Officer for any reason he deems,
as long as it is not in conflict with any anti-discrimination laws or established public
policy.
4. Lake Boon Patrol Officers do have access to the CJIS, in-house department computer, or
records of the Stow Police Department.
5. Lake Boon Patrol Officers, as is consistent with full-time officers, will not be able to
continue with employment as a Lake Boon Patrol Officer after their sixty-fifth (65th)
birthday.
6. Lake Boon Patrol Officers are responsible for additional approved equipment.
7. Lake Boon Patrol Officers will return all provided equipment at the termination of their
employment.
8. Department Issued Police Identification Key Card and (1) Fob.
9. The key card and fob are to be used to gain access to various areas of the Stow Public
Safety Facility.
10. If an officer loses their key card and/or fob they are to notify their shift supervisor as
soon as possible. [72.4.3]
11. Officers acknowledge receipt of clothing and equipment and agree to return all Town
property upon separation or when ordered.

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Policy & Procedure # 4.18: Lake Boon Patrol Officer

Appendix A
Stow Police Department
Special Officer Authorized Apparel and Equipment
A. Apparel
• Same uniforms as full-time officers
• Officers responsible for uniform costs
B. Department-Issued Equipment (16.3.4, 22.2.5)
• Firearm and ammunition
• Three (3) magazines
• Two (2) badges
• O/C Spray
• Taser
• State-issued ID
• Radio
• Body-worn Camera
• Additional equipment as authorized
C. Equipment Responsibility
• Officers responsible for additional approved equipment
• All equipment must be returned upon separation
D. Access Control (72.4.3)
• Department-issued key card and fob
• Used for access to the Public Safety Facility
• Lost items must be reported immediately to a supervisor
E. Issued Equipment Specifications
• Glock Model 45 firearm
• Firearm magazines
• Motorola radio
• Axon Taser with Blackhawk holster
• Level III firearm holster
• Sabre OC Spray

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Policy & Procedure # 4.18: Lake Boon Patrol Officer

F. Acknowledgment
Officers shall acknowledge receipt of all issued equipment and agree to return all Town property
upon separation or upon order.

I, _________________________________, have received the above clothing and equipment
from the Stow Police Department. I understand that I will be required to surrender all Town of
Stow property in my possession upon separation from service, or when otherwise ordered.

Signature: ___________________________

Date: _______________________________

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STOW POLICE DEPARTMENT
Subject:

Incident Reporting/Reports

REFERENCED:82.1.2; 82.1.3; 82.1.4; 82.1.5; 82.1.6; 82.2.1;
82.2.2; 82.2.3; 82.3.2; 82.3.3

I.

Effective Date:
01/01/2015
Rev:
07/18/2025;03/25/26

Indefinite

MASSACHUSETTS POLICE ACCREDITATION
STANDARDS

Sworn Personnel
Non-Sworn Personnel

Annually

Expiration Date

Category: Administration

Distribution

Next Review Date

POLICY
4.28

Issuing Authority

Michael Sallese
Michael Sallese
Chief of Police

PURPOSE

One major function of criminal justice agencies is documentation. Police agencies
have become very effective at documenting incidents and events, and the demand for
documentation by the legislature, courts and citizens continues to increase.
In order to provide organization to the origin, filing and retrieval of documentation,
this department has obtained a computerized records management system which
assigns a unique identification number to incidents and events logged by the
communications staff. This numbering system allows for the orderly filing and quick
retrieval, both electronically and manually, of reports and other documents and items
associated with those reports.
Additionally, our crime statistics are shared with the state and federal governments
through National Incident Based Reporting (NIBRS). Crime statistics are compiled,

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Policy & Procedure # 4.28: INCIDENT REPORTING

along with statistics from other criminal justice agencies, to produce reports of crime
trends. The data is published by the state and federal governments.

II.

POLICY

It is the policy of this department that:
1. Reports of incidents shall be documented pursuant to Massachusetts General Laws;
and
2. Employees shall file reports to document incidents, events and activities as directed
by this policy.

III.

DEFINITIONS
A. Incident: An event that requires law enforcement action, documentation, or

dispatching of agency personnel in response to citizens’ requests for law enforcement
services. This includes any incident, whether criminal or non-criminal, which
involves a response to the scene, an investigation, or the preparation of an oral or
written report.

B. NIBRS: National Incident Based Reporting - an electronic submission of

crime statistics, which was formerly known as Uniform Crime Reports (UCRs).

C. RMS: Records Management System - this department’s records management

software Central Square

IV.

PROCEDURES
A. INCIDENT NUMBERING SYSTEM [82.2.3]
1. This department maintains a computer-generated incident numbering system.
A unique incident number is generated and assigned to document calls for
service, initiated activity, directed activity, administrative functions, and other
police activities. This sequential number shall be generated for each incident
by the department’s Record Management System.
2. The numbering system is as follows:
a. The incident year beginning at 1 and incrementing by one (1) for each
incident. Example: YY-Number-Type.

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3. The incident number is the foundation for all police record keeping activity.
The incident number shall be recorded on each report submitted by an officer
as well as any supporting documents or evidence. The incident number is
linked to arrests, citations, court, property and evidence, accidents, and other
records functions within the records management system.
4. Each event entered into the CAD system by Dispatch personnel is
electronically time punched with the:
• Time incident was received.
• Time and Name of the Officer(s) being dispatched.
• Time of arrival.
• The time the officer(s) cleared the call.
B. ASSIGNING INCIDENT NUMBERS – LOG ENTRIES
1. Incident logging is a function of communications (dispatch). Communications
personnel will create incident entries in response to police operations or
administrative activity. For more information, see the department policy on
Communications. Incident log records shall be created for the following types
of situations:
2. Citizen Initiated:
a. Citizen Reports of Crimes [82.2.2(a)]
b. Citizen Complaints [82.2.2(b)]
c. Calls for service where a public safety employee is dispatched or
assigned [82.2.2(c)]
3. Employee Initiated:
a. Criminal and non-criminal cases initiated by law enforcement
employees [82.2.2(d)]
b. Incidents involving Arrests, Citations, and Summonses [82.2.2(e)]
4. Directed:
a. Process Service (i.e., arrest warrants, restraining orders, etc.)
b. Notifications
c. Prisoner Transports
5. Administrative:
a. Fingerprinting
b. Asset forfeitures
c. Equipment failures or damage

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Policy & Procedure # 4.28: INCIDENT REPORTING

6. Other incidents where documentation is prudent, requested by an employee, or
directed by a supervisor.
7. In logging incidents, the incident entry shall include, at the minimum, the
information listed as follows. For more information on logging incidents, see
the department policy on Communications.
a. Service calls and crimes by type [82.3.2(a)]
b. Service calls and crimes by location [82.3.2(b)]
c. Property, including stolen, found, recovered, and evidence [82.3.2(c)]
C. WRITTEN REPORTS
1. REPORTS: Some incidents require written reports because, by their nature,
they need to be documented, or a report for an incident may be required by
statute. In some cases, providing written documentation is just a good public
service. Police employees of this agency shall prepare a written incident report
that is accurate and complete.
Reports are required but not limited to the following examples: [82.2.1(a)]
a. Arrests;
b. Motor vehicle crash -Where the damage to any one vehicle exceeds
$1000 or if there is personal injury to any one person, or a Hit and Run
Accident or any Town Owned Vehicle.
c. Crimes;
d. Any incident that results in the search or inventory of a vehicle or
building;
e. Incidents where, in the opinion of the officer, a written report is
necessary;
f. Section 12s, 18s, 35s
g. Emergency Removal Protection Order
h. In Custody Medicals
i. Statutorily Required Reports: Domestic Violence, Identity Theft, Child
Abuse and Neglect, and Elder Abuse and Neglect;
j. Other Policy’s driven report
k. As directed by a Supervisor.
2. REPORTING FORMS: Employees have the following reporting forms at
their disposal to facilitate incident reporting: [82.2.1(b)]

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Policy & Procedure # 4.28: INCIDENT REPORTING

The electronic “Offense/Incident Report” is used for documenting every
incident recorded by the Department. Officers are to fill these electronic forms
out completely and accurately as possible.

3. Department Incident Reporting Forms:
a. This is a general purpose form to assist employees with obtaining
necessary information for preparing a written incident report as well as
incident screening for investigative follow-up.
b. This form should be used for most incidents.
4. Department Incident, Narrative Supplement Form:
a. This is a supplement to the Incident Reporting Form. It provides
employees the opportunity for additional narratives and notes.
b. This form should be used when necessary to supplement the Incident
Reporting Form.
5. RMV Motor Vehicle Crash Report Form:
a. This form is designed, printed, and distributed by the Registry of
Motor Vehicles.
b. This form should be completed for all motor vehicle crash
investigations; and
6. Environmental Police Boating and Recreational Vehicle Accident Form:
a. This form is provided by the Environmental Police for reporting
investigations of all crashes involving boats and recreational vehicles.
7. Refer to the Departments Master file for any and all remaining forms.
8. REQUIRED INFORMATION: All reports require basic information, not
only to document the “who, what, where when and why” of an incident, but
also to facilitate retrieving the record. Required information should be
included in the report whenever possible: [82.2.1(c)]
a. This form Date
b. Time
c. Complainant, victims, witnesses:
i. Names
ii. Addresses
iii. Age, gender, and race (required for NIBRS reporting)
iv. Home and work telephone numbers

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Policy & Procedure # 4.28: INCIDENT REPORTING

d. Location of the incident
e. A description of what happened,
f. Reporting employee’s observations
9. EXCLUDED INFORMATION: Officers shall not include the address or
location of any domestic violence or rape crisis center in any reports. This will
help avoid inadvertently informing a batterer or rapist of the whereabouts of
any victim.
10. Under Massachusetts law, the location and street address of all domestic
violence victims' programs, and rape crisis centers, shall be confidential and
shall not be required to be revealed in any criminal or civil proceeding. Under
this statute, the following definitions apply:
a. “Domestic violence victims' program”, any refuge, shelter, office, safe
home, institution, or center established for the purpose of offering
assistance to victims of abuse through crisis intervention, medical,
legal or support counseling.
b. “Rape crisis center”, any office, institution or center offering
assistance to victims of sexual assault and the families of such victims
through crisis intervention, medical and legal counseling.
11. REPORT WRITING: The following are some general guidelines that
employees should follow when writing the report narrative to avoid confusion
on the part of the reader:
a. Reports should be written in the first person (“I,” “me”).
b. Write in chronological order.
c. Start with date, time and explanation of how you became involved.
d. Use active voice, which shows the subject as the actor. (i.e., “Officer
Smith arrested the subject,” as opposed to “The subject was arrested
by Officer Smith.”).
e. Use past tense for incidents or actions that have already occurred.
f. Use short, clear, concise words.
g. Use first and last names to ensure that the report positively identifies
the correct person.
h. Use words that have clear meaning and leave little chance of being
misinterpreted.
i. Check for spelling.
j. Minimize the use of abbreviations.
k. Use proper names and titles.
l. Do not use radio call signs and police jargon.

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Policy & Procedure # 4.28: INCIDENT REPORTING

m. Make sure quotes are correct and accurate.
n. Employees should not include opinions.
o. Addendums by employees to a primary employee’s report should not
repeat the whole sequence of events. The writer should report his/her
actions and observations.
12. COMPLETING REPORTS: Ideally, an incident report should be completed
immediately following the incident when the details are fresh in the
employee’s mind. This, however, is not always practical. [82.2.1(d)]
a. Generally: Employees should make an effort to complete the report
prior to the end of the shift, but, in all cases, a report must be
submitted prior to the end of the employee’s work week, or within four
days. If a complete report is not possible due to an investigation, a
preliminary report should be submitted within these time parameters
and a supplemental addendum added as the investigation progresses.
b. Arrests: An arrest report must accompany the charging instrument
(application for complaint or criminal citation) Arrest reports should
be completed following an arrest but must be completed prior to
arraignment.
c. Criminal Complaint, Application for Summons or Clerk Magistrate
Hearing, and Citations: A police report and must accompany these
charging instruments to court.
13. SUBMITTING, PROCESSING AND SUPERVISORY REVIEW
[82.2.1(E)]
REPORTING EMPLOYEE:
a. Upon completing a report, the employee and those on the incident call
must submit the report to his/her shift supervisor. An officer must
submit their report through the records management system to be
approved by a supervisor. Once the report is signed off by a supervisor
it is available to records where hard copies can be produced as
needed.If time does not permit the employee’s supervisor to review the
report (a late arrest, end of shift, supervisor vacation, sickness, etc.),
the report may be submitted to another supervisor.
b. A report returned by a supervisor shall be reviewed and corrected by
the employee and resubmitted.
c. If an employee disagrees with a supervisor’s suggested corrections, the
employee should meet with the supervisor and discuss the points at
issue.

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Policy & Procedure # 4.28: INCIDENT REPORTING

d. If the matter is not resolved, it should be brought to the attention of the
next step in the chain of command.
SUPERVISOR:
a. A supervisor need not submit his/her own reports to another supervisor
for review. However, any supervisor’s report may, at the discretion of
that supervisor or upon the direction of a superior, be reviewed by
another supervisor.
b. A supervisor shall review the employee’s report. The supervisor
should review the report for:
• Complete and accurate
• Correct spelling and grammar
• Presented in clear and logical manner
• Reviewed for compliance with established investigative
procedures and that the author properly establishes the
necessary elements for any crime(s) charged.
• A determination as to whether the incident has been classified
properly in order to comply with local, state, and federal
requirements (as well as NIBRS- National Incident Based
Reporting System.)
i.
A supervisor shall review the employee’s report. The
supervisor should review the report for:
ii. Spelling and grammar;
iii. Required information;
iv.
Crime elements, defendant and victim rights, and proper
department procedure; and
v.
Readability.
c. supervisor may not change the factual content of another employee’s
report.
d. If the report is acceptable as submitted, the report shall be approved.
e. Errors, omissions, or other issues detected should be brought to the
employee’s attention to correct or address. When the issues have been
addressed, the report shall be resubmitted for review by a supervisor.
f. If a supervisor is on leave (sick, vacation, injured, etc.) for a work
cycle or more, another supervisor will be charged with reviewing the
report.
g. When a report has been submitted electronically, a supervisor will read
and review, approve it or reject it which returns it to the officer for
remedial action. Once approved the report becomes available and can
be printed by Records Personnel.

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Policy & Procedure # 4.28: INCIDENT REPORTING

14. Records Function: Upon completion of the review process, the completed
report shall be forwarded to the records function for filing and processing. For
further information, see the department policy Records Management.
D. REPOSITORY OF DEPARTMENT RECORDS [82.1.1]
A. The Records/Training Lieutenant and/or their designee is responsible for the
privacy, security, confidentiality, filing, distribution, and maintenance of
Department Records. They will be available to provide 24-hour access to
reports.
1. Information regarding anyone brought before the court by this
Department for any offense including non-criminal violations shall
be entered in the Department records management system.
2. Outdated records may be moved to the designated secure records
storage area.
E. RECORDS FILE [82.2.2]
A.
Incident reports shall be filed numerically by incident number eachyear.
B.

Reports regarding pending court cases shall be filed and maintained in the
Records Bureau.

C.

All Department Crash Reports are filed by the incident number in the records
management system.

D.

The department’s computer system will maintain the following records in
its database:
i.

Information pertaining to Firearms Licensing

ii.

Arrest file and a Master Name Index file [82.3.5, 82.3.2, 82.3.1]

iii.

Service calls and crimes by type and location

iv.

Stolen, found, recovered, and evidentiary property files.

v.

Information pertaining to other licenses and Identifications.

F. JUVENILES [82.1.2]
A.
Names and files of young offenders will be separated from adult
offenders by designating their file with “Juvenile” on the upper righthand corner of the arrest file. Hard copies of juvenile records will be

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Policy & Procedure # 4.28: INCIDENT REPORTING

physically secured and stored separately in a locked filing cabinet.
Computer records will be marked “Juvenile”.
B.

Existing records marked “Juvenile” will remain so marked even
after the juvenile turns into an adult.

C.

Digital photographs of juveniles (mug shots) are stored electronically,
alphabetized and designated as a juvenile file. They are released only to
criminal justice agencies for law enforcement purposes.

D.

Juvenile fingerprint cards shall be stamped with “JUVENILE” and filed
separately from adult fingerprint files. Like photographs of juveniles,
they are released only to criminal justice agencies for law enforcement
purposes.

E.

The Public Records Division of the Secretary of State’s Office doesnot
make a distinction between juvenile and adult records when addressing
destruction. We are required to keep juvenile records as long as similar
adult records including investigative reports. Photos, fingerprints,
regardless of the juvenile becoming an adult. All records (adult and
juvenile) therefore will follow the same destruction schedule as set forth
by the Public Record’s Division.

F.

Expungement- When an Expungement Order is received by this
department it shall be handled by the Records/Training Lieutenant. They
shall expunge the required record(s) as required by the court order.
Expungement orders must be limited to records which reveal the identity
of an accused, and may not extend to ‘bookkeeping” or administrative
entries necessary for preservation of departmental records, e.g. those
showing the incident, receipt of a complaint, assignment of officers, and
so on, or those necessary for statistical purposes (see Police
Commissioner of Boston v Municipal Court of the Dorchester Dist.)

G. RECORDS DISTRIBUTION AND SECURITY [82.2.4]
A.
Department records are maintained under the overall control of the Chief
of Police and shall be located in a secure area. Unescorted visitors shall
not be allowed to enter the Records Section.
B.

The Records storage cabinet containing adult and filing cabinet containing
juvenile records will be physically locked each evening by Records
Personnel.

C.

Archived records shall be stored in a locked room in the second-floor
storage area

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Policy & Procedure # 4.28: INCIDENT REPORTING

D.

Records will be released to the public in accordance with MGL Ch66 s10
(Public Records law)

E.

Release of departmental records (electronic or hardcopy) shall be
restricted to the conditions set forth in M.G.L. Chapter 6, Section 172
(CORI).

F.

Records shall be available during normal business hours in order to
facilitate investigations and other matters being performed by officers of
this Department. If necessary, records may be accessed after hours by
contacting the Records/Training Lieutenant. All officers shall familiarize
themselves with the locations of the various types of information stored or
filed in the Records Section so that retrieval of records will be quick and
efficient.

G.

There are situations and circumstances whereby Police Reports must be
removed from the files (court, follow-up investigations, civil litigation,
etc.). In order to ensure that these Records are returned, the following
Report Removal procedures shall be followed:

H.

Reports should not be removed from any file except by Records
Personnel. The person removing the file shall sign the court sheet
indicating they have the case file.
a. Name of officer taking report
b. Date he/she took report.
c. Case Number

I. Returned files or records shall be handed to records personnel if available who
will document the return. If after hours the case file should be placed inside
the Prosecutor door holder.
H. ACCESS TO STOW POLICE COMPUTER SYSTEM [82.1.5]
A. Records electronically stored in the department’s “in-house” computer system
are available 24 hours a day. To ensure confidentiality of police
intelligence, all employees will use their password to access the in-house
computer system. The password will act as a marker for all computer
inquiries.
[82.1.5, 82.1.6, 82.1.7]

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Policy & Procedure # 4.28: INCIDENT REPORTING

I. NATIONAL INCIDENT BASED REPORTING [82.1.4]
A. COLLECTING CRIMINAL DATA: NIBRS data is inputted in the incident
reporting process. For each incident, NIBRS data will be inputted by The
Chief of Police or Lieutenant.
B. SUBMITTING NIBRS: On the first business day following the last day of
each month, The Chief of Police or Lieutenant shall process NIBRS data for
the previous month using the NIBRS submission software in the RMS
software package. The NIBRS data shall be “zipped” using Winzip software
and uploaded to the “Upload Utility” on the “Upload Files” page of the
Massachusetts Crime Reporting Unit Web Site (https://www.mass.gov/crimestatistics).
C. Quality Control:
The NIBRS submitting software will check each entry for errors and establish
a NIBRS error log. The Chief or Lieutenant shall correct the errors listed
on the error log, which will be collected for submission at the next submission
period.
D. ACCESSING CRIME STATISTICS REPORTS
a. A compilation of state NIBRS reports is available at the Massachusetts
Crime Reporting Unit (mass.gov/crime-statistics).
b. National crime statistics are published by the FBI as “Crime in the
USA,” and in other publications available on the FBI web site
(www.fbi.gov).

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STOW POLICE DEPARTMENT
Subject:

Responsible Use of Artificial
Intelligence (AI)

Next Review Date
Annually
Effective Date
Rev:

Expiration Date

Category: Investigations

Indefinite

MASSACHUSETTS POLICE ACCREDITATION
STANDARDS

POLICY
4.39

REFERENCED:

Distribution

Issuing Authority

Sworn Personnel
Non-Sworn Personnel

Michael Sallese
Michael Sallese
Chief of Police

I. Purpose
This policy establishes governance requirements for evaluating, authorizing, and
overseeing Artificial Intelligence (AI) systems used by this agency.
AI technologies may be embedded within operational, investigative, administrative, or
vendor-provided systems. This policy governs how such systems are approved and used.
Nothing in this policy expands statutory authority or creates enforceable duties beyond
existing law, except as may arise from otherwise applicable legal obligations.

II.

Policy
AI systems may be used only when authorized under this policy and within an approved use
case. AI systems support agency functions but do not replace human judgment or
constitutional decision-making.
Personnel remain responsible for their own decisions and enforcement actions. AI outputs
do not substitute for the independent factual articulation required by law.

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AI may not be used to:
A.

Violate constitutional or statutory requirements;

B.

Circumvent agency policy; or

C.

Expand lawful authority.

This policy governs internal operations only and is not intended to create an independent
private right of action; however, failure to adhere to policy may have operational,
administrative, evidentiary, or legal consequences under applicable law.

III.

Scope & Applicability
This policy applies to all sworn personnel, civilian employees, reserve personnel, interns,
volunteers, contractors, and other authorized users who access, operate, procure,
administer, support, or direct the use of an AI system for agency purposes. This policy
applies to agency-owned, agency-licensed, vendor-hosted, embedded, bundled, trial,
pilot, or otherwise available AI-enabled functionality used in connection with agency
operations, investigations, administration, training, records, communications, or support
services.
This policy does not authorize any person to access, disclose, retain, or process
information except as otherwise permitted by law, contract, and agency policy. Nothing in
this policy expands more restrictive requirements imposed by law, collective bargaining
agreements, civil service rules, POST standards, CJIS requirements, campus governance
requirements, municipal policy, or agency-specific procedures.

IV. Procedures
Definitions
The following definitions apply solely for purposes of this policy and do not modify or
expand statutory definitions under Massachusetts or federal law.
A.

AI Governance Officer. The official designated by the Chief of Police or Agency
Head to coordinate AI system review and inventory tracking under this policy.

B.

AI Impact Assessment. A pre-deployment review identifying legal, operational, and
data security considerations for an AI system, as may be required under this policy.

C.

Artificial Intelligence (AI) System. A software-based system that generates
predictions, classifications, rankings, recommendations, matches, summaries,

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translations, transcriptions, redactions, content, or other automated outputs based
on data inputs and computational processing. The term includes generative AI,
machine-learning-enabled analytics, automated matching tools, and embedded or
vendor-supplied AI-enabled functionality when used in connection with agency
operations.
D.

Constitutional Threshold. The legally required standard necessary to justify
government action under the United States Constitution and the Massachusetts
Declaration of Rights, including reasonable suspicion, probable cause, and lawful
justification for use of force.

E.

Criminal Justice Information Services (CJIS) Data. Criminal justice information or
related data subject to the FBI Criminal Justice Information Services Security Policy,
Massachusetts Criminal Justice Information System requirements, or other
applicable state or federal criminal justice data protection laws.

F.

High-Risk AI System. An AI system shall be treated as high-risk if its approved or
proposed use case:
1. directly informs enforcement, detention, search, arrest, charging referral, use of
force, or identification decisions;
2. performs or supports biometric identification, facial recognition, person
matching, or similar identity analysis;
3. processes CJIS Data, CORI, juvenile information, medical information, personal
information subject to applicable data-security law, or other legally protected
information in a material way;
4. is intended for evidentiary analysis, case triage, or investigative prioritization;
5. is used in personnel screening, discipline support, or workforce analytics
affecting employment decisions; or
6. otherwise presents elevated legal, civil-rights, security, employment, or
operational risk, as designated by the AI Governance Officer or Chief of Police or
Agency Head.

G.

Materially Influences. The AI output meaningfully shapes or contributes in a nontrivial way to the content, direction, justification, or resolution of a report, analysis,
investigation, communication, or agency decision, beyond basic formatting,
spelling, grammar, or other non-substantive assistance.

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H.

Operational Use. Any use of an AI system in connection with a live agency function,
including investigative activity, enforcement activity, evidentiary review, report
drafting, decision support, public communication, records processing, or other
agency business beyond internal testing, procurement evaluation, or training in a
controlled environment.

I.

Shadow AI. Any AI-enabled system used by agency personnel without formal
authorization under this policy.

V.

Governance & Authorization
A.

Designation of AI Governance Officer. The Chief of Police or Agency Head shall
designate an AI Governance Officer to coordinate system review and maintain the
approved AI inventory under this policy.

B.

Authorization Required
1. No AI system may be used for agency purposes unless authorized by the Chief of
Police or Agency Head (or designee) and recorded in the agency’s approved
technology inventory.
2. Authorization shall be limited to a documented use case and shall identify any
restrictions, required safeguards, and training prerequisites.
3. Embedded or bundled AI capabilities introduced through vendor updates or
software changes shall not be used operationally until reviewed and authorized
under this policy.

C.

Required Pre-Deployment Review. Before operational use, the AI Governance
Officer shall coordinate review of the intended use case, data handling
considerations, system classification, and training requirements consistent with
this policy.

D.

Pilots, Trials, Demonstrations, and Testing
1. No employee shall test, pilot, or otherwise use an AI system with agency data,
case information, CJIS-related information, restricted information, or nonpublic
agency records unless the activity has been approved in advance under this
policy.
2. Vendor demonstrations using live agency data are prohibited unless expressly
approved and subject to applicable legal, security, and contractual safeguards.
3. Testing in a controlled environment using synthetic, training, or otherwise
approved non-live data may be authorized subject to documented restrictions.

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E.

AI Impact Assessment Requirement
1. An AI Impact Assessment shall be completed before operational deployment of
any High-Risk AI System and before any AI system that will process CJIS Data or
other legally protected information.
2. At a minimum, the assessment shall address:
a. the proposed use case and intended users;
b. the data to be entered, accessed, processed, or generated;
c. whether the system will affect enforcement, investigation, evidence, records,
employment, or public communications;
d. known limitations, error risks, and required human-review steps;
e. security, access-control, and logging considerations;
f. retention, preservation, discovery, and public-records implications, where
applicable; and
g. whether legal, procurement, labor, or municipal/campus governance review
is required.
3. The scope and formality of the assessment may be scaled to the size, resources,
and complexity of the agency.

F.

Legal Review Triggers. Legal counsel shall be consulted before operational
authorization of any AI system that:
1. supports facial recognition, biometric identification, person matching, or similar
identity analysis;
2. is designated as High-Risk AI under this policy;
3. will process CJIS Data, CORI, juvenile information, health information protected
by law, personal information subject to data-security law, or other legally
restricted data in a material way;
4. will be used to support evidentiary analysis, investigative targeting, or
enforcement decision-making;
5. raises novel procurement, public-records, discovery, labor, employment, or
constitutional issues;
6. is proposed for public-facing synthetic media, voice cloning, image generation,
or similar content that may affect authenticity, notice, or public trust; or

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7. may impact collective bargaining rights, employee discipline, or workforce
evaluation.
G.

Access Control and User Authorization
1. Only personnel who have completed required training and have been expressly
authorized may access or use approved AI systems.
2. Access may be role-based where technically feasible and subject to available
logging consistent with applicable data security requirements.

H.

Suspension, Restriction, and Decommissioning Authority. The Chief of Police or
Agency Head retains authority to suspend, restrict, or discontinue use of any AI
system. The AI Governance Officer may recommend suspension.

I.

Documentation Requirements for Authorization. For each approved AI system,
the AI Governance Officer shall maintain an authorization record identifying:
1. System name and vendor;
2. Approved use case(s) and restrictions;
3. Risk classification;
4. Confirmation of legal review, if conducted;
5. Training requirements and authorized user categories;
6. Date of authorization and approving authority; and
7. Any required documentation or audit expectations necessary, where technically
feasible and appropriate to the system, to allow reconstruction of system use
where material to agency decisions.

VI.

Authorized Use
AI systems may be used only when authorized under this section and only within the
system’s documented use case. Authorized use is subject to the following requirements
and limitations.
A.

General Requirements
1. AI systems may support agency functions but shall not replace human judgment
or independent decision-making, discretion, or constitutionally required
decision-making responsibilities.

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2. Personnel shall not rely on AI outputs in a manner that results in unlawful
discrimination, selective enforcement, or other disparate treatment prohibited
by law. Where an AI system is known or reasonably suspected to produce
materially unreliable, biased, or systematically skewed outputs, use shall be
suspended, restricted, or escalated for review as appropriate.
3. AI outputs shall not be used operationally unless reviewed by authorized
personnel consistent with the system’s approved use case.
4. The authorized user remains responsible for decisions and actions influenced by
AI outputs.
5. Personnel shall use only agency-approved AI systems listed in the agency
technology inventory and only after completion of any required training.
6. Expansion of an approved use case or introduction of new data categories
requires additional authorization under this policy.
7. AI use shall comply with applicable federal and Massachusetts law, including
constitutional requirements, privacy obligations, and criminal justice data
security standards.
8. Personnel shall limit data input, access, and retention to what is reasonably
necessary to accomplish the authorized purpose.
9. Where AI materially influences a report, analysis, communication, or decision,
personnel may be required to document such use consistent with agency
procedure.
B.

Permissible Use Cases (Examples)
Approved applications of AI technologies shall be subject to authorization, risk
classification, and human oversight. Examples of permissible use cases include:
1. Digital Forensics and Evidence Review. AI may be used to assist with
organization, indexing, transcription, translation, or triage of digital evidence,
provided that any investigative conclusions or evidentiary assertions are
independently reviewed and validated by agency personnel.
2. Administrative and Document Support. AI may assist with transcription,
summarization of non-evidentiary materials, formatting, and administrative
workflow support, provided that final content is reviewed and approved by
personnel prior to use or dissemination.

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3. Public Communication Support. AI may assist in translation, readability,
accessibility, or formatting of public safety notifications and educational
materials, provided that:
a. The content is reviewed by personnel prior to dissemination; and
b. The agency does not represent AI-generated content as an official factual
determination unless independently verified.
Any public communication regarding AI use shall be governed by agency
leadership.
4. Analytical Assistance for Planning. AI may support resource planning, trend
analysis, and administrative forecasting, provided outputs are used as
informational aids and not as determinative criteria for enforcement actions or
investigative targeting.
5. Training and Simulation. AI may be used in training, scenario development,
and educational support, provided training content is reviewed by
instructional staff and is not used to make real-time enforcement decisions.
C.

Discretionary Uses Requiring Additional Controls
Certain AI uses require supervisory oversight due to increased legal or operational
risk. The following uses may be authorized consistent with this policy:
1. Drafting Reports or Narratives. AI tools may assist with preliminary drafting
only when expressly authorized for that purpose and only under the following
conditions:
a. the officer or employee remains the author of the final document and is
responsible for its accuracy, completeness, and legality;
b. the user shall review and edit the entire draft before submission;
c. the user shall verify all quotations, times, observations, names, dates,
statements, and material facts against source material or independently
documented information;
d. AI shall not be used to generate, infer, embellish, or fill factual gaps or
create facts not independently known or verified;
e. AI shall not be used to create sworn factual assertions for affidavits,
warrant applications, or comparable court submissions absent full

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human drafting, review, and verification consistent with agency
procedure; and
f. where required by agency procedure or case-specific instruction,
material AI assistance shall be documented in the manner prescribed by
the agency.
2. Internal Research Support. AI may be used to summarize statutes, policies,
procedures, and training materials for internal reference only. AI-generated
summaries shall not be treated as legal advice, binding legal interpretation, or a
substitute for review of the underlying authority or consultation with legal
counsel where appropriate.
3. Internal Investigations and Employment Matters. AI use in connection with
internal investigations, discipline support, performance evaluation, or workforce
analytics shall be subject to additional review where the proposed use may
affect employee monitoring, credibility assessments, disciplinary
determinations, or collective bargaining rights. Use in this area shall be
consistent with applicable law, labor obligations, and agency procedure.
D.

Decision-Making Standards
1. Personnel shall independently determine the legal and factual basis for
enforcement or investigative decisions influenced by AI outputs.
2. AI-generated outputs shall not, standing alone, be treated as sufficient to
establish reasonable suspicion, probable cause, or justification for detention,
search, arrest, or use of force under the Fourth Amendment to the United States
Constitution or Article 14 of the Massachusetts Declaration of Rights and must
be supported by independently articulated facts.
3. Personnel shall base enforcement or investigative actions on independently
observed or verified facts sufficient to meet applicable constitutional
thresholds.
4. Personnel shall be able to explain, if required, the independent basis for the
action without reliance on the AI system.

VII.

Prohibited Use

AI systems shall not be used in any manner that violates constitutional protections,
statutory requirements, agency policy, or documented authorization conditions. The
following uses are prohibited:
A.

Constitutional and Enforcement Limitations

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1. AI shall not be used to circumvent constitutional thresholds, statutory
safeguards, warrant requirements, or agency policy restrictions.
2. AI systems shall not be used in a manner that violates constitutional protections
for speech, expression, association, or any other constitutional right.
3. Behavioral predictions, automated risk scores, or pattern-based classifications
shall not substitute for articulable reasonable suspicion or probable cause and
shall not, standing alone, independently trigger investigative or enforcement
action.
4. AI tools shall not be used to expand investigative or enforcement authority
beyond what is otherwise legally permitted.
B.

Surveillance and Data Collection Limitations
1. AI systems shall not be used for surveillance or data collection in a manner that
exceeds lawful authority or bypasses required legal process.
2. Where a warrant, court order, or other legal process is required for data
collection or surveillance activity, use of AI does not eliminate or reduce that
requirement.

C.

Sensitive and Restricted Data
1. AI systems shall not process or analyze sensitive or legally protected data unless
the system has been formally authorized for that specific purpose under this
policy and appropriate safeguards are in place.
2. Sensitive or restricted data includes, but is not limited to:
a. CJIS Data;
b. CORI;
c. juvenile records;
d. biometric identifiers;
e. health information protected by law;
f. personal information subject to applicable data-security law; and
g. any information subject to statutory confidentiality protections.
3. Nothing in this section authorizes access to or dissemination of Criminal
Offender Record Information except as permitted under G.L. c. 6, §§ 167–178B
and accompanying regulations.

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D.

Unauthorized Systems and Shadow AI
1. Use of any AI system not reviewed and authorized under this policy is prohibited.
2. Personnel shall not enter confidential, case-sensitive, CJIS, or restricted
information into publicly available AI systems, including general-purpose large
language models or consumer platforms, unless the system has been expressly
authorized for such use.

E.

Document Integrity and Official Records
1. AI systems shall not independently generate or finalize sworn affidavits, warrant
applications, or other sworn or court-submitted factual narratives. Any
authorized drafting assistance in such documents shall be subject to full human
review, editing, and factual verification by the responsible officer or affiant.
2. No employee shall submit AI-generated factual assertions to a court, magistrate,
prosecutor, or other official decision-maker unless the employee has
independently verified the assertions through personal knowledge, reliable
source material, or documented investigation.

F.

Misuse and Accountability
1. Suspected misuse shall be addressed through existing supervisory channels.
2. Violations of this policy may result in corrective or disciplinary action consistent
with applicable law and collective bargaining agreements.

VIII.

Facial Recognition & Other Biometric Identification

A.

Any agency request for a facial recognition search shall comply with G.L. c. 6, § 220.
No employee shall request, perform, direct, or facilitate a facial recognition search
except through the written-request channels authorized by that statute (e.g., RMV,
State Police, or FBI, as permitted by law) and for purposes authorized by law and
agency procedure.

B.

Any facial recognition search request shall be submitted in writing through an entity
authorized by law to receive such requests, and any emergency request shall be
narrowly tailored, promptly documented, and reviewed through command channels
consistent with law.

C.

Required documentation, retention, and reporting relating to facial recognition
searches shall be handled in accordance with G.L. c. 6, § 220, agency procedure,
and any applicable records-preservation obligation.

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D.

Nothing in this policy authorizes live biometric surveillance, continuous remote
biometric identification, or comparable biometric monitoring except where
expressly authorized by law, approved by agency leadership, and reviewed under
applicable legal and operational procedures.

IX.

Procurement & Contracting Standards

AI systems shall be procured, licensed, or integrated in accordance with applicable
municipal, campus, or state procurement law and agency purchasing authority. Nothing in
this policy expands procurement authority beyond what is authorized by law.
A.

Pre-Procurement Review
1. Proposed AI acquisitions or significant AI-enabled upgrades shall be evaluated
prior to execution of any contract or license agreement, consistent with
procurement authority.
2. The review may include consultation, as appropriate and feasible, with the AI
Governance Officer, legal counsel, information technology personnel, and
operational stakeholders.
3. The review shall assess, at minimum:
a. Intended operational use case;
b. Data handling and storage practices, including whether CJIS Data or
other restricted data will be processed;
c. Security controls and logging capability;
d. Risk classification; and
e. Required training and oversight mechanisms.

B.

Data Ownership, Vendor Use, and Secondary Use Restrictions
1. Contracts for AI systems shall, where legally and operationally feasible, address
agency rights and controls relating to agency data, prompts, outputs, logs, and
configuration records.
2. Vendor access to agency data shall be limited to what is necessary for the
contracted service and consistent with applicable law, security requirements,
and documented authorization.
3. Vendor use of agency data to train, fine-tune, improve, benchmark, or otherwise
develop the vendor’s model or service is prohibited unless expressly authorized

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in writing following legal, security, and procurement review consistent with
applicable law and contractual authority.
4. Contracts should address, where feasible and authorized, data location,
subcontractor access, deletion or return of agency data at contract termination,
security incident notification, logging availability, and notice of material feature
changes.
C.

Vendor Transparency and Risk Disclosures. Where permitted by procurement
authority, vendor documentation should address known limitations, security
practices, material system updates, auditability, and data-handling practices.

D.

Embedded and Bundled AI Components
1. Where feasible under procurement authority, vendors should disclose material
AI-enabled features embedded within broader software platforms.
2. Embedded AI components shall be subject to the same review and authorization
process required under this policy prior to operational use.

E.

Risk Management Alignment
1. The agency may consider recognized risk management frameworks when
evaluating AI procurement. Such frameworks are advisory and do not create
independent legal obligations.
2. Vendor documentation, where available, may describe system testing, known
limitations, and risk mitigation practices.

F.

Where applicable, contracts must also comply with CJIS Security Policy
requirements and any other applicable data-security, confidentiality, and accesscontrol requirements governing vendor access and data handling.

X.

Training

The agency shall provide training to personnel authorized to use AI systems.
A.

Required Training Prior to Access
1. Personnel shall complete the appropriate agency-approved training prior to
independent operational use of an authorized AI system.
2. Training shall be role-specific and tailored to the system(s) the employee is
authorized to use.
3. Training may be delivered in-person, virtually, through vendor-supported
instruction, or through agency-developed materials.

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B.

Ongoing Training. Refresher training may be provided as appropriate based on
system use and operational need.

C.

Supervisor Responsibilities. Supervisors shall confirm that assigned personnel
have completed any required training consistent with agency processes.

XI.

System Errors, Security Events, & Misuse Reporting

A.

Personnel shall promptly report, in accordance with agency reporting procedures,
any suspected system malfunction, material inaccuracy, unauthorized access,
unauthorized disclosure, policy violation, or other significant AI-related incident
through established supervisory and security-reporting channels.

B.

Where the incident involves restricted information, CJIS Data, CORI, personal
information, or possible evidentiary impact, the matter shall be escalated promptly
to command staff, the AI Governance Officer, and other personnel designated by
agency procedure.

C.

Where unauthorized or unapproved AI use is suspected, supervisors shall take
reasonable steps to preserve relevant records, notify appropriate command
personnel, and coordinate with designated IT, records, or legal personnel as
required by agency procedure. Supervisors shall address observed misuse, policy
violations, or training deficiencies consistent with agency discipline procedures and
applicable collective bargaining agreements.

XII.

Records & Evidence

AI-generated or AI-assisted materials shall be managed consistent with applicable
Massachusetts law, evidentiary standards, CJIS requirements, and agency retention
policies.
A.

Documentation of AI-Assisted Activity
1. Agency records created, received, stored, or retained through an authorized AI
system shall be managed in accordance with applicable retention schedules,
evidentiary obligations, public-records requirements, and agency policy.
2. Prompts, outputs, logs, validation notes, configuration records, and similar
materials shall be preserved when required by law (consistent with applicable
Municipal Records Retention Schedules), litigation hold, discovery obligation,
investigative need, evidentiary use, agency retention policy, or other applicable
preservation requirement. Preservation determinations shall be made in
accordance with agency procedure and, where appropriate, in consultation with

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supervisors, records personnel, prosecutors, or legal counsel. Nothing in this
policy expands existing record retention, discovery, or disclosure obligations
beyond those required by law.
3. Personnel shall not intentionally delete, disable, evade, or avoid preservation of
AI-related records or metadata that are required to be retained.
4. At a minimum, the agency shall establish documentation procedures for:
a. High-Risk AI Systems;
b. AI-assisted report drafting or narrative support;
c. AI-influenced evidentiary analysis;
d. AI outputs that materially influence investigative, enforcement,
disciplinary, or public-facing decisions; and
e. any incident involving suspected malfunction, misuse, or unauthorized
disclosure.
5. Documentation procedures may include structured report fields, supervisory
review notes, system-generated logs, or other agency-approved methods
appropriate to the system and use case.
B.

Evidentiary Use and Validation
1. AI-influenced materials intended for use as evidence shall be:
a. Reviewed and validated by qualified agency personnel;
b. Incorporated into investigative or case files consistent with agency
documentation standards; and
c. Where necessary, limitations of AI-assisted processes may be addressed
consistent with evidentiary requirements.
2. AI-generated outputs shall not be relied upon as evidence without human
validation and independent evidentiary support.
3. Nothing in this policy alters existing evidentiary standards governing
admissibility, authentication, or chain of custody.
4. Where AI-assisted processes materially affect evidentiary content,
documentation sufficient to explain the role of the system may be required.

C.

Public Records. AI-generated materials that constitute agency records under the
Massachusetts Public Records Law (G.L. c. 66, § 10) may be subject to disclosure,

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subject to applicable statutory exemptions and other lawful bases for withholding
or redaction.
D.

System Logging and Oversight. Where supported by the system, logging and
access controls shall align with applicable data security requirements.

E.

Disclosure of AI Assistance. The agency may require that personnel document or
disclose material AI assistance for designated categories of work product,
communications, or records, as established by agency procedure, approval
conditions, or supervisory instruction. Such disclosure may be required for
specified reports, memoranda, public-facing communications, or other documents
where transparency, supervisory review, evidentiary integrity, or public trust
warrants additional documentation. Any required disclosure shall be made in the
manner prescribed by the agency.

XIII.

Auditing & Oversight

The agency may implement oversight measures appropriate to agency size, resources, and
operational use and risk classification of AI systems.
A.

Risk Classification. Risk classification shall be based on the approved use case
and associated operational considerations.

B.

Periodic Review
1. High-Risk AI Systems shall be reviewed periodically, and lower-risk systems may
be reviewed as needed, in proportion to their approved use and operational
impact.
2. Periodic review shall assess continued alignment with approved use,
documented misuse or incidents, training sufficiency, system changes, records
implications, and relevant legal or policy developments.
3. Material concerns identified through review may result in restriction,
suspension, retraining, additional controls, or decommissioning.

C.

Triggered Review. Additional review may occur when material legal, operational, or
system changes arise.

D.

Corrective Action. Where concerns are identified, corrective measures may be
implemented within agency authority.

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XIV.

Policy Review

A.

This policy shall be reviewed periodically and may be revised as needed to reflect
changes in law, technology, operational use, procurement conditions, or agency
experience.

B.

Additional review shall occur when the agency authorizes a new high-risk use case,
experiences a material incident, or becomes aware of a significant legal or
technological change affecting authorized systems.

C.

Policy revisions shall be approved by the Chief of Police or Agency Head.

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