reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 27 - Recognizance

Section 27. If a defendant so summoned duly appears, he may be ordered to recognize for his further appearance but shall not be required to give surety upon his recognizance at any stage of the prosecution without a special order.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 28 - Arrest Without Warrant

Section 28. Any officer authorized to serve criminal process may arrest, without a warrant, and detain a person found in the act of stealing property in the presence of the officer regardless of the value of the property stolen and may arrest, without a warrant, and detain a person whom the officer has probable cause to believe has committed a misdemeanor by violating a temporary or permanent vacate, restraining, suspension and surrender,, or no-contact order or judgment issued pursuant to section eighteen, thirty-four B or thirty-four C of chapter two hundred and eight, section three, three B, three C, four or five of chapter two hundred and nine A, section thirty-two of chapter two hundred and nine, or section fifteen or twenty of chapter two hundred and nine C. Said officer may arrest, without a warrant, and detain a person whom the officer has probable cause to believe has committed a misdemeanor involving abuse as defined in section one of chapter two hundred and nine A or has committed an assault and battery in violation of section thirteen A of chapter two hundred and sixty-five against a family or household member as defined in section one of chapter two hundred and nine A. Said officer may arrest and detain a person charged with a misdemeanor, without having a warrant for such arrest in his possession, if the officer making such arrest and detention shall have actual knowledge that a warrant then in full force and effect for the arrest of such person has in fact issued.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 30 - Recall of Default Warrant; Arrest

Section 30. Notwithstanding any law, rule or regulation to the contrary, whenever a default warrant, issued in any jurisdiction in the commonwealth against any person, is recalled by a court, the court shall assess a fee of fifty dollars against the person in payment of the costs of recalling the warrant, except that the court may waive the fee upon a finding of good cause or upon a finding that such a fee would cause a substantial financial hardship to the person, the person's immediate family or the person's dependents.
Any person arrested on a warrant issued because such person has forfeited or defaulted on his bail bond or recognizance or has been surrendered by a probation officer shall be required by the court to pay a fee of $75 payable to the city or town in which such arrest was effected, unless the judge finds that such person is indigent or that such fee would cause a substantial financial hardship to the person, the person's immediate family or the person's dependents, in which case such person shall be required to perform one day of community service, unless the judge further finds that such person is physically or mentally unable to perform such service.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 31 - Default Warrants Issued Due to Failure to Pay Fines, Assessments, Court Costs, Restitution, Support Payments, Etc. to Be Noted in Warrant Management System

Section 31. Whenever a court issues a default warrant solely due to the person's failure to pay a fine, assessment, court cost, restitution, support payment or other amount as ordered by the court or required by law, the court shall specify the amount owed, including an additional assessment of $50 which assessment may be waived by the court upon a finding of good cause or upon a finding that such an assessment would cause a substantial financial hardship to the person, the person's immediate family or the person's dependents, with a statement that the warrant against the person may be discharged upon payment of the amount and the assessment, if any, and shall note the same in the warrant management system. The administrative office of the trial court shall accept payment of such fine, assessment, court cost, restitution, support payment or other amount as ordered by the court, along with any assessment, to be remitted by mail, telephone or other electronic means, in any form deemed acceptable by the trial court. Upon receipt of payment, the warrant against the person shall be discharged, the discharge shall be noted in the warrant management system and the individual shall receive notice of the discharge within seven days.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 32 - Payment of Fine, Assessment, Costs, Restitution, Support Payment, etc.; Release From Custody

Section 32. Whenever a person, brought before a court, against whom an outstanding warrant was issued, solely due to the failure of the person brought before the court to pay a fine assessment, court cost, restitution, support payment, or other amount, the court may accept payment of such amount and assess an additional fifty dollars which assessment may be waived by the court upon a finding of good cause and if the person is not being held on other process, the court may direct that the person be released from custody and shall notify the jurisdiction in which the warrant was issued of the payment and the assessment, if any. Upon notice of the release the court that issued the warrant shall recall the warrant and cause such information to be entered in the warrant management system.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 33 - Examination of Arrested Persons for Injuries; Reports; Penalty

Section 33. Whenever a person is arrested for a crime and is taken to or confined in a jail, police station or lockup, the officer in charge thereof shall immediately examine the prisoner, and if he finds any bruises, cuts or other injuries shall forthwith make a written report thereof to the chief of police of the town concerned, or in Boston to the police commissioner, and in towns where there is no chief of police to the selectmen. The requirement that the prisoner be examined shall not be deemed to compel the removal of clothing. When a person is transferred from one place of confinement to another prior to his arraignment in court or to his release, the requirement that he shall be examined shall apply only to the place to which he is first taken after his arrest. Whoever violates this section shall be punished by a fine of not more than ten dollars.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 33a - Use of Telephone in Places of Detention

Section 33A. The police official in charge of the station or other place of detention having a telephone wherein a person is held in custody, shall permit the use of the telephone, at the expense of the arrested person, for the purpose of allowing the arrested person to communicate with his family or friends, or to arrange for release on bail, or to engage the services of an attorney. Any such person shall be informed forthwith upon his arrival at such station or place of detention, of his right to so use the telephone, and such use shall be permitted within one hour thereafter.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 35 - Adjournments of Examinations and Trials

Section 35. The court or justice may adjourn an examination or trial from time to time, and to the same or a different place in the county. In the meantime, if the defendant is charged with a crime that is not bailable, he shall be committed; otherwise, he may recognize in a sum and with surety or sureties to the satisfaction of the court or justice, or without surety, for his appearance for such examination or trial, or for want of such recognizance he shall be committed. While the defendant remains committed, no adjournment shall exceed thirty days at any one time against the objection of the defendant.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 36 - Failure to Appear; Default on Recognizance; Subsequent Proceedings

Section 36. If the recognizor does not appear according to his recognizance, the court or justice may issue process to bring him into court for trial. After his failure so to appear, the court or justice may at any time order his default recorded; but it may be removed for good cause at any time to which the case may be continued. If such default is not removed, the recognizance shall be certified with a record of such default to the superior court, and like proceedings shall be had thereon as upon a breach of the condition of a recognizance for appearance before said superior court, except in cases where bank books, bonds or money have been deposited at the time of the recognizance.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 37 - Failure to Recognize; Subsequent Proceedings

Section 37. If the defendant fails to recognize, he may be committed to jail by an order stating concisely that he is committed for further examination on a future day to be named in the order, and on the day named he may be brought before the court or justice by a verbal order to the officer who made the commitment, or by a written order to a different person.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 37a - Assignment of Counsel

Section 37A. If a person is charged with a capital crime and brought before a district court for the initial appearance, the superior court may assign counsel upon his petition and upon certification of the charge to the superior court by the clerk of the district court. The examination shall thereupon be continued until the assignment of counsel has been made, and certification thereof received by the clerk of the district court, or until the petition for assignment of counsel has been otherwise disposed of. Upon a determination that a person accused of murder in the first or second degree is indigent, the chief counsel of the committee for public counsel services, or his designee, may assign the case to either the public counsel division or the private counsel division.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 38 - Examination; Assistance of Counsel; Waiver of Indictment

Section 38. The court or justice before whom a person is taken upon a charge of crime shall, as soon as may be, examine on oath the complainant and the witnesses for the prosecution, in the presence of the defendant, relative to any material matter connected with such charge. After the testimony to support the prosecution, the witnesses for the prisoner, if any, shall be examined on oath, and he may be assisted by counsel in such examination and in the cross examination of the witnesses in support of the prosecution. Nothing contained herein shall be construed to prohibit the enforcement of the waiver provisions of Rule 3 of the Massachusetts Rules of Criminal Procedure. A defendant charged with an offense as to which he has the right to be proceeded against by indictment may elect a probable cause hearing in accordance with Rule 3 of the Massachusetts Rules of Criminal Procedure, but in such event shall be deemed to have waived his right to be proceeded against by indictment.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 40 - Testimony Reduced to Writing; Signing by Witnesses

Section 40. The testimony of the witnesses examined shall be reduced to writing by, or under the direction of, the court or justice, if he considers it necessary, and shall, if required by him, be signed by the witnesses.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 41 - Discharge of Prisoner

Section 41. If it appears, upon the whole examination, that no crime has been committed or that there is not probable cause for charging the prisoner therewith, he shall be discharged.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 42 - Bail or Commitment

Section 42. If it appears that a crime has been committed and that there is probable cause to believe the prisoner guilty, the court or justice shall, if final jurisdiction is not exercised, admit the prisoner to bail, if the crime is bailable and sufficient bail is offered; otherwise, except as provided for in section sixteen of chapter one hundred and twenty-five, such prisoner shall be committed to jail for trial; provided, however, that if a person is arrested for a violation of an order issued pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C or any act that would constitute abuse, as defined in section 1 of chapter 209A, or a violation of sections 13M or 15D of chapter 265, any bail shall be assessed pursuant sections 42A, 57, 58 and 58A.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 43 - Conveying Prisoner Through Another County

Section 43. If the journey from the town where the prisoner is held to the town where he is to be committed on the service of a mittimus can be made by railroad, the officer may convey the prisoner through any portion of another county in the prosecution of such journey.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 44 - Fees and Expenses in District Court in Record Sent to Superior Court

Section 44. If the defendant is held to appear before the superior court, the copies and record of proceedings sent to the superior court shall contain the details of all fees and expenses allowed or paid in the district court.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 45 - Witnesses Bound by Recognizance

Section 45. If the prisoner is admitted to bail or is committed, the court or justice shall bind by recognizance the material witnesses against the prisoner to appear and testify at the next sitting of the court having jurisdiction of the crime and in which the prisoner is held to answer.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 46 - Witnesses Bound by Recognizance on Adjournment

Section 46. If the examination or trial of a defendant charged with a felony is adjourned under section thirty-five, the court or justice may bind by recognizance the principal witnesses against the prisoner to appear and testify at the time and place to which the trial or examination is adjourned.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 47 - Sureties With Recognizance

Section 47. The court, if satisfied that there is good cause to believe that a witness will not perform the condition of his recognizance unless other security is given, may order the witness to enter into a recognizance with such sureties as the court deems necessary for his appearance at court; provided that the witness shall be entitled to be present and to be represented by counsel at a hearing before the court, at which hearing the witness shall be entitled to be heard on the issue of the alleged materiality of his testimony, and on the issue of recognizance with or without surety.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 48 - Recognizances for Minor Witnesses

Section 48. If a minor is a material witness, any other person may be allowed to recognize for his appearance; or, in the discretion of the court or justice, he may recognize in a sum not exceeding fifty dollars, which shall be valid and binding in law, notwithstanding his minority.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 49 - Commitment of Witnesses; Discharge Upon Recognizance

Section 49. A witness who, when required, refuses to recognize, either with or without sureties, shall, except as provided in the following section, be committed to jail until he complies with such order or is otherwise discharged; but if the court or justice finds that the witness, unless he is the prosecutor or an accomplice, is unable to procure sureties when so ordered, he shall, except in cases of felony, be discharged upon his own recognizance. Upon a complaint or indictment for a felony, against a defendant not in custody, a material witness committed for failure to furnish sureties upon his own recognizance may be held in custody for a reasonable time, pending the pursuit and apprehension of the defendant.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 51 - Release of Committed Witnesses; Proceedings

Section 51. If a witness has been committed because of his inability to furnish sureties for his appearance before the superior court, the jailer shall forthwith give notice to the chief justice of the superior court, who shall direct the district attorney to inquire as to the importance of his testimony and the necessity for detaining him in jail, and the district attorney, if in his opinion the public interest will not suffer by the release of the witness on his own recognizance, shall so report to the chief justice, who may thereupon order the witness to be released upon his own recognizance.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 52 - Rules Regulating Treatment of Committed Witnesses; Removal to Another County

Section 52. The commissioner of correction shall from time to time make such rules relative to the diet, size of cells, amount of liberty and exercise, correspondence, visits and such other matters as he considers necessary regulating the treatment of witnesses held in jail as will secure their clear distinction and separation from other prisoners so far as possible, consistent with their safe custody and the prevention of tampering with their testimony. Said commissioner may, with the approval of the district attorney, remove such witnesses from the jail where they are confined to a jail in another county, and shall, at the request of the district attorney, cause them to be returned to the jail whence they were removed. The proceedings for such removal shall be the same as for the removal of prisoners from one jail or house of correction to another. The cost of support of a witness so removed and of both removals shall be paid by the county whence he is removed.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 52a - Removal of Accused Person to Another County or to a Correctional Institution; Return; Proceedings; Costs

Section 52A. Persons held in jail for trial may, with the approval of the district attorney, and shall, by order of a justice of the superior court, be removed by the commissioner of correction to a jail in another county, and said commissioner shall, at the request of the district attorney, cause them to be returned to the jail whence they were removed. In addition, such persons, if they have been previously incarcerated in a correctional institution of the commonwealth under sentence for a felony, may, with the approval of the district attorney, be removed by the commissioner of correction to a correctional institution of the commonwealth, and said commissioner shall, at the request of the district attorney, cause them to be returned to the jail where they were awaiting trial. The proceedings for such removals shall be the same as for the removal of prisoners from one jail or house of correction to another. The cost of support of a person so removed and of the removals shall be paid by the county whence he is originally removed.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 53 - Transporting Male and Female Prisoners

Section 53. An officer who, having the custody or control of prisoners, causes or permits male and female prisoners to be transported together to or from a court in a vehicle, in a city of more than thirty thousand inhabitants according to the latest census, shall be punished by a fine of not more than twenty dollars.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 54 - Handcuffing Committed Witnesses to Accused Persons; Transporting Together

Section 54. An officer who, having the custody of a witness committed because of his failure to furnish sureties, causes or permits him to be handcuffed to a person, held in custody, charged with or sentenced for crime, or to be transported within a city to or from any court or prison in a vehicle with such person, shall be punished by a fine of not more than twenty dollars.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 55 - Discharge Upon Acknowledgment of Satisfaction for Injury

Section 55. If a person committed to jail is under indictment or complaint for, or is under recognizance to answer to, a charge of assault and battery or other misdemeanor for which he is liable in a civil action, unless the offence was committed by or upon a sheriff or other officer of justice, or riotously, or with intent to commit a felony, or is a violation of an order issued pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C, a violation of sections 13M or 15D of chapter 265 or would otherwise constitute abuse, as defined in section 1 of said chapter 209A, and the person injured appears before the court or justice who made the commitment or took the recognizance, or before which the indictment or complaint is pending, and acknowledges in writing that he has received satisfaction for the injury, the court or justice may in its or his discretion, upon payment of such expenses as it or he shall order, discharge the recognizance or supersede the commitment, or discharge the defendant from the indictment or complaint, and may also discharge all recognizances and supersede the commitment of all witnesses in the case.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 56 - Filing of Order; Delivery to Jail Keeper; Discharge as Bar to Civil Action

Section 56. Such order discharging the recognizance, indictment or complaint of the person or the recognizance of witnesses shall be filed in the office of the clerk before the sitting of the court at which they are bound to appear; and such order superseding the commitment of the person charged or of a witness shall be delivered to the keeper of the jail where he is confined, who shall forthwith discharge him; and such order, so filed and delivered, shall forever bar a civil action for such injury.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 56a - Abuse Occurring Prior to or in Conjunction With Charged Crime Against Person or Property; Investigation Prior to Release, Discharge or Admittance to Bail; Preliminary Written Statement to Be Filed and Maintained in Statewide Domestic Violence Record Keeping System

Section 56A. Before a judge of the superior court, district court or Boston municipal court releases, discharges or admits to bail any person arrested and charged with a crime against the person or property of another, the judicial officer shall inquire of the commonwealth as to whether abuse, as defined in section 1 of chapter 209A, is alleged to have occurred immediately prior to or in conjunction with the crime for which the person was arrested and charged. The commonwealth shall file a preliminary written statement if it is alleged that abuse has so occurred. The judicial officer shall make a written ruling that abuse is alleged in connection with the charged offense. Such preliminary written statement shall be maintained within the statewide domestic violence record keeping system. Such preliminary written statement shall not be considered criminal offender record information or public records and shall not be open for public inspection. Such preliminary written statement shall not be admissible in any investigation or proceeding before a grand jury or court of the commonwealth related to the crime for which the person was brought before the court.
If the defendant has been found not guilty by the court or jury, or a no bill has been returned by the grand jury or a finding of no probable cause has been made by the court, the court shall remove the preliminary written statement from the statewide domestic violence record keeping system; provided however, that a dismissal shall not be eligible for removal from the statewide domestic record keeping system.
Nothing in this section shall be construed as modifying or limiting the presumption of innocence.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 58b - Revocation of Release and Detention Order Following Violation of Release Conditions

Section 58B. A person who has been released after a hearing pursuant to sections 42A, 58, 58A or 87 and who has violated a condition of his release, shall be subject to a revocation of release and an order of detention. The judicial officer shall enter an order of revocation and detention if after a hearing the judicial officer finds (1) that there is probable cause to believe that the person has committed a federal or state crime while on release, or clear and convincing evidence that the person has violated any other condition of release; and (2) the judicial officer finds that there are no conditions of release that will reasonably assure the person will not pose a danger to the safety of any other person or the community; or the person is unlikely to abide by any condition or combination of conditions of release.
If there is probable cause to believe that, while on release, the person committed a federal felony or an offense described in clause (1), a rebuttable presumption arises that no condition or combination of conditions will assure that the person will not pose a danger to the safety of any other person or the community. If the judicial officer finds that there are conditions of release that will assure that the person will not pose a danger to the safety of any other person or the community, and that the person will abide by such conditions, the judicial officer shall treat the person in accordance with the provisions of this section and may amend the conditions of release accordingly. Upon the person's first appearance before the judicial officer in the court which will conduct proceedings for revocation of an order of release under this section, the hearing concerning revocation shall be held immediately unless that person or the attorney for the commonwealth seeks a continuance. During a continuance the person shall be detained without bail unless the judicial officer finds that there are conditions of release that will reasonably assure that the person will not pose a danger to the safety of any other person or the community and that the person will abide by conditions of release. If the person is detained without bail, except for good cause, a continuance on motion of the person shall not exceed seven days, a continuance on motion of the attorney for the commonwealth or probation shall not exceed three business days. A person detained under this subsection, shall be brought to trial as soon as reasonably possible, but in the absence of good cause, a person so held shall not be detained for a period exceeding ninety days excluding any period of delay as defined in Massachusetts Rules of Criminal Procedure Rule 36(b)(2).
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 60 - Bail in Suffolk County; Proceedings

Section 60. After a conviction or a plea of guilty or of nolo contendere in the superior court in Suffolk county, the prisoner shall not be admitted to bail except in open court; but when said court is not in session, bail may be taken by any judge of a court of record or by any commissioner appointed under section fifty-seven, upon proof that written notice of the proposed application has been duly served upon the district attorney, or one of the assistant district attorneys for the Suffolk district, at least twenty-four hours before the hearing of such application, specifying the name of the prisoner, the crime of which he has been convicted, the time and place of hearing, and the name, occupation and residence of the proposed sureties. No person who has been once offered and rejected as surety shall afterward be accepted as surety for the same person in the same case.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 61 - Bail Taken Out of Court; Certificate or Recognizance and Deposit by Surety; Presence of Persons; Monthly Statements by Person Taking Bail

Section 61. If bail is taken out of court, the person authorized to admit to bail in criminal cases shall cause a certificate to be signed and sworn to by each surety, which shall contain his name, his residence, including the name of the street and number, if any, of the dwelling house thereon, his occupation and place of business, a statement of the nature, location, purchase price, assessed value and fair market value of his property, and of the encumbrances, if any, thereon, the amount of his indebtedness, the amount and number of other bonds or recognizances on which he is or may be liable and all other matters pertinent to the amount and value of such property, each and all of which statements shall be deemed to be material statements in prosecutions for perjury, and shall return such certificate or certificates and a proper recognizance to the proper court. A surety may, instead of making such certificate, give his personal recognizance as surety and deposit money, bonds or a properly assigned bank book of the kind and in the amount and under the conditions set forth in section fifty-seven for making deposit of like nature. A person authorized to take bail shall take such bail in the presence of the person to be bailed and the surety or sureties, except as otherwise provided in section one hundred and five of chapter one hundred and seventy-five.
On the second Monday of each calendar month, every person taking bail out of court shall transmit to the chief justice of the superior court a written statement, setting forth each separate occasion, as defined in section sixty-one B, on which each bail or surety was accepted as aforesaid during the preceding calendar month, the name and address of each bail or surety, the date of such acceptance, the name of the defendant or defendants, the offense or offenses charged, and the court before which the defendant was required to appear.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 61b - Compensation for Acting as Surety Prohibited

Section 61B. No surety under this chapter shall be compensated for acting as surety.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 62 - Notice to District Attorney of Application to Accept Bail in Suffolk County

Section 62. If application is made to a person authorized to take bail in criminal cases in Suffolk county to accept bail out of court in a case in which no amount has been fixed, he shall, if the crime charged is not within the jurisdiction of the municipal court of the city of Boston, before fixing bail, cause notice of such application to be given to the district attorney or one of the assistant district attorneys for the Suffolk district, if any of said attorneys is at the time within said district.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 63 - Compensation for Taking Bail

Section 63. No justice of any court, except a special justice of a district court, shall receive any fee or compensation for taking and approving bail in criminal cases, and no person authorized to admit to bail in criminal cases shall receive from any source in connection with the admitting to bail anything of value in excess of the statutory fees therefor. No person shall act as attorney in any case in which he has admitted a prisoner or witness to bail.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 64 - Admission to Bail on Sunday

Section 64. Persons held in custody or committed upon a criminal charge, if entitled to be released upon bail, may, in the discretion of the magistrate, be admitted to bail on Sunday.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 65 - Condition of Recognizance

Section 65. The condition of a recognizance of a person, either with or without surety, binding him to appear before a court or justice to answer to a charge against him or to prosecute an appeal shall be so framed as to bind him personally to appear at the time so expressed, and at any subsequent time to which the case may be continued, unless previously surrendered or discharged, and so from time to time, until the final decree, sentence or order of the court or justice thereon, and to abide such final sentence, order or decree, and not depart without leave. The condition of a recognizance of a person held to answer to a charge before a district court shall be further so framed as to bind him to appear before the district court to answer to the charge or to answer to any indictment which may be returned against him. The superior court shall by rule provide for the forms of recognizances and bail bonds. A recognizance of a person held to answer to a complaint before a district court which is required by law to sit in more than one municipality may, with his consent or at his request, be conditioned for his appearance at the next sitting of the court at any one of said municipalities.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 66 - Return of Recognizance and Examination Taken by Magistrate; Order Compelling; Contempt

Section 66. A recognizance and examination taken by a magistrate under this chapter shall be certified and returned by him to the district attorney or to the clerk of the court before which the person charged is bound to appear, on or before the first day of the sitting thereof; and if he refuses or neglects to return the same, he may be compelled to do so forthwith by order of court, and, in case of disobedience, may be proceeded against as for contempt.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 68 - Surrender of Principal; Notice; Exoneration of Bail; Return of Deposits; Subsequent Bail

Section 68. Bail in criminal cases may be exonerated at any time before default upon their recognizance by surrendering their principal into court or to the jailer in the county where the principal is held to appear, or by such voluntary surrender by the principal himself, and in either event, in all cases where bank books, money or bonds are deposited by the surety, the court shall thereupon order the bank books, money or bonds so deposited to be returned to the surety or his order, and to be reassigned to the person entitled thereto. They shall deliver to the jailer their principal, with a certified copy of the recognizance, and he shall be received and detained by the jailer, but may again be bailed in the same manner as if committed for not finding sureties to recognize for him, provided that the surety making the surrender shall not be accepted as bail if the person surrendered shall again be bailed. The jailer shall forthwith notify the clerk or justice of the court where the proceeding is pending of such surrender.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 69 - Surrender of Principal After Default; Remission of Penalty

Section 69. Bail may surrender their principal at any time after default made upon the recognizance, or the principal may surrender himself, in the manner provided in the preceding section; and the court where the default is recorded may, upon application, remit the whole or any part of the penalty, if satisfied that the default of the principal was not with the connivance or consent of the bail.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 70 - Inability to Surrender Principal; Exoneration of Bail

Section 70. If, by the act of God, of the government of the United States, of any state or by sentence of law, bail are unable without their fault to surrender their principal, they shall, upon motion before final judgment on scire facias, be exonerated and discharged by the court, with or without costs as the court deems equitable.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 71 - Default on Recognizance

Section 71. If a person under recognizance to appear and answer or to prosecute an appeal in a criminal case fails to appear according to his recognizance, and if a person under recognizance to testify in a criminal prosecution fails to perform the condition of his recognizance, his default shall be recorded, his obligation and that of his sureties forfeited, and process issued against them or such of them as the prosecuting officer directs; but in such suit no costs shall be taxed for travel. No such process shall issue in cases where bank books, bonds or money have been deposited at the time of such recognizance.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 72 - Surety Paying Amount for Which Bound; Costs

Section 72. A surety in such recognizance may, by leave of the court, after default, and either before or after process has been issued against him, pay to the county treasurer or clerk of the court the amount for which he was bound as surety, with such costs as the court shall direct, and shall be thereupon forever discharged.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 73 - Award of Portion of Penalty to Person Entitled to Forfeiture

Section 73. If, in a suit on a recognizance to prosecute an appeal, the penalty is adjudged forfeited, or if by leave of court such penalty has been paid without suit or before judgment as provided in the preceding section, and any forfeiture accrues by law to a person by reason of the crime of which the appellant was convicted, the court may award to such person the portion of the amount paid to which he is entitled.