Mass. Gen. Laws ch. 276, sec. 29 — MA Code / Part IV / Title II / Chapter 276 / Section 29
Outstanding warrant check prior to release on bail or recognizance
Status: in_force

Section 29. Before a court releases, discharges or admits to bail any person brought before said court, in any criminal matter, the court shall first check the warrant management system to determine whether any warrant has been issued against the person in any jurisdiction of the commonwealth. If the warrant management system indicates that any warrant is outstanding, said court shall, if the outstanding offense is bailable pursuant to section fifty-seven, fifty-eight or fifty-eight A of this chapter, make a determination of bail as provided by said sections for each outstanding warrant. If such person is released on bail or recognizance for an outstanding warrant, said court shall confer with the court that issued the outstanding warrant and, based thereon, specify in the warrant management system the date on which the person must appear before the issuing court and so notify the person. If such person is not released on bail or recognizance for an outstanding warrant, the person shall be transported by an officer, or in accordance with section twenty-four of chapter thirty-seven, or in accordance with any other law of the commonwealth, to the court that issued the warrant, or if the issuing court is not in session, to the jail in the county of the issuing court, and thereafter, to the next regular sitting of the court that issued the warrant. A person arrested on a default warrant for a felony or a misdemeanor punishable by imprisonment for more than one hundred days may be released on bail or recognizance only by a justice of the court having jurisdiction over the place where the person was arrested or is being held, or by a justice of the court that issued the warrant. No person authorized to admit to bail, including but not limited to judges or court personnel, and no sheriff or police officer shall release a person from custody before he determines by checking the warrant management system whether any warrant is outstanding in the commonwealth against said person; provided, however, that no person authorized to admit to bail, including but not limited to judges or court personnel, and no sheriff or police officer, who in the performance of his duties acts in good faith, shall be liable in any criminal prosecution or civil action where a person is released from custody before determining by checking the warrant management system whether a warrant is outstanding against said person in the commonwealth. If a warrant is outstanding for a felony charge, or a misdemeanor punishable by imprisonment for more than one hundred days, the person being held shall be brought before the court having jurisdiction over the place where the person is held, or to the court that issued the warrant, and a justice, clerk or assistant clerk of said court shall make a determination of bail as provided in the first and second paragraphs of this section. If a warrant is outstanding for a misdemeanor punishable by imprisonment for one hundred days or less, the person may be released on bail or recognizance by a person authorized to admit to bail. Such person authorized to admit to bail shall, without unnecessary delay, provide the clerk of the court that issued the warrant with notice of the fact that the person was admitted to bail. If the person held on such misdemeanor warrant is not released, the person shall be brought before the next session of the court having jurisdiction over the place where the person is held, or to the court that issued the warrant, and such court shall make a determination of bail as provided in the first and second paragraphs of this section.

Section 29. Before a court releases, discharges or admits to bail any person brought before said court, in any criminal matter, the court shall first check the warrant management system to determine whether any warrant has been issued against the person in any jurisdiction of the commonwealth. If the warrant management system indicates that any warrant is outstanding, said court shall, if the outstanding offense is bailable pursuant to section fifty-seven, fifty-eight or fifty-eight A of this chapter, make a determination of bail as provided by said sections for each outstanding warrant.

If such person is released on bail or recognizance for an outstanding warrant, said court shall confer with the court that issued the outstanding warrant and, based thereon, specify in the warrant management system the date on which the person must appear before the issuing court and so notify the person. If such person is not released on bail or recognizance for an outstanding warrant, the person shall be transported by an officer, or in accordance with section twenty-four of chapter thirty-seven, or in accordance with any other law of the commonwealth, to the court that issued the warrant, or if the issuing court is not in session, to the jail in the county of the issuing court, and thereafter, to the next regular sitting of the court that issued the warrant.

A person arrested on a default warrant for a felony or a misdemeanor punishable by imprisonment for more than one hundred days may be released on bail or recognizance only by a justice of the court having jurisdiction over the place where the person was arrested or is being held, or by a justice of the court that issued the warrant.

No person authorized to admit to bail, including but not limited to judges or court personnel, and no sheriff or police officer shall release a person from custody before he determines by checking the warrant management system whether any warrant is outstanding in the commonwealth against said person; provided, however, that no person authorized to admit to bail, including but not limited to judges or court personnel, and no sheriff or police officer, who in the performance of his duties acts in good faith, shall be liable in any criminal prosecution or civil action where a person is released from custody before determining by checking the warrant management system whether a warrant is outstanding against said person in the commonwealth.

If a warrant is outstanding for a felony charge, or a misdemeanor punishable by imprisonment for more than one hundred days, the person being held shall be brought before the court having jurisdiction over the place where the person is held, or to the court that issued the warrant, and a justice, clerk or assistant clerk of said court shall make a determination of bail as provided in the first and second paragraphs of this section.

If a warrant is outstanding for a misdemeanor punishable by imprisonment for one hundred days or less, the person may be released on bail or recognizance by a person authorized to admit to bail. Such person authorized to admit to bail shall, without unnecessary delay, provide the clerk of the court that issued the warrant with notice of the fact that the person was admitted to bail. If the person held on such misdemeanor warrant is not released, the person shall be brought before the next session of the court having jurisdiction over the place where the person is held, or to the court that issued the warrant, and such court shall make a determination of bail as provided in the first and second paragraphs of this section.