reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 28e - Appeals by Commonwealth

Section 28E. An appeal may be taken by and on behalf of the commonwealth by the attorney general or a district attorney from the district court to the appeals court in all criminal cases and in all delinquency cases from a decision, order or judgment of the court (1) allowing a motion to dismiss an indictment or complaint, (2) allowing a motion to suppress evidence, or (3) denying a motion to transfer pursuant to section sixty-one of chapter one hundred and nineteen.
An appeal may be taken by and on behalf of the commonwealth by the attorney general or a district attorney from the superior court to the supreme judicial court in all criminal cases from a decision, order or judgment of the court (1) allowing a motion to dismiss an indictment or complaint, or (2) allowing a motion for appropriate relief under the Massachusetts Rules of Criminal Procedure.
An application for an appeal from a decision, order or judgment of the superior court determining a motion to suppress evidence prior to trial may be filed in the supreme judicial court by a defendant or by and on behalf of the commonwealth by the attorney general or a district attorney. If such application is denied, or if such application is granted but the interlocutory appeal is heard by a single justice, the determination of the motion to suppress evidence shall be open to review by the full court after trial in the same manner and to the same extent as determinations of such motions not appealed under the interlocutory procedure herein authorized.
Rules of practice and procedure with respect to appeals authorized by this section shall be the same as those applicable to criminal appeals under the Massachusetts Rules of Appellate Procedure.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 29b - Withdrawal of Uncounseled Guilty Plea

Section 29B. If a defendant having a right to counsel in a criminal proceeding has not been represented by counsel or has not properly waived his right to counsel and has entered a plea of guilty, such defendant may withdraw such plea as a matter of right at any time prior to imposition of sentence by the court.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 29d - Conviction Upon Plea of Guilty, Nolo Contendere or an Admission to Sufficient Facts; Motion to Vacate

Section 29D. The court shall not accept a plea of guilty, a plea of nolo contendere, or an admission to sufficient facts from any defendant in any criminal proceeding unless the court advises such defendant of the following: ''If you are not a citizen of the United States, you are hereby advised that the acceptance by this court of your plea of guilty, plea of nolo contendere, or admission to sufficient facts may have consequences of deportation, exclusion from admission to the United States, or denial of naturalization, pursuant to the laws of the United States.'' The court shall advise such defendant during every plea colloquy at which the defendant is proffering a plea of guilty, a plea of nolo contendere, or an admission to sufficient facts. The defendant shall not be required at the time of the plea to disclose to the court his legal status in the United States.
If the court fails so to advise the defendant, and he later at any time shows that his plea and conviction may have or has had one of the enumerated consequences, even if the defendant has already been deported from the United States, the court, on the defendant's motion, shall vacate the judgment, and permit the defendant to withdraw the plea of guilty, plea of nolo contendere, or admission of sufficient facts, and enter a plea of not guilty. Absent an official record or a contemporaneously written record kept in the court file that the court provided the advisement as prescribed in this section, including but not limited to a docket sheet that accurately reflects that the warning was given as required by this section, the defendant shall be presumed not to have received advisement. An advisement previously or subsequently provided the defendant during another plea colloquy shall not satisfy the advisement required by this section, nor shall it be used to presume the defendant understood the plea of guilty, or admission to sufficient facts he seeks to vacate would have the consequence of deportation, exclusion from admission to the United States, or denial of naturalization.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278 - Trials and Proceedings Before Judgment › Section 33e - Capital Cases; Review by Supreme Judicial Court

Section 33E. In a capital case as hereinafter defined the entry in the supreme judicial court shall transfer to that court the whole case for its consideration of the law and the evidence. Upon such consideration the court may, if satisfied that the verdict was against the law or the weight of the evidence, or because of newly discovered evidence, or for any other reason that justice may require (a) order a new trial or (b) direct the entry of a verdict of a lesser degree of guilt, and remand the case to the superior court for the imposition of sentence. For the purpose of such review a capital case shall mean: (i) a case in which the defendant was tried on an indictment for murder in the first degree and was convicted of murder in the first degree; or (ii) the third conviction of a habitual offender under subsection (b) of section 25 of chapter 279. After the entry of the appeal in a capital case and until the filing of the rescript by the supreme judicial court motions for a new trial shall be presented to that court and shall be dealt with by the full court, which may itself hear and determine such motions or remit the same to the trial judge for hearing and determination. If any motion is filed in the superior court after rescript, no appeal shall lie from the decision of that court upon such motion unless the appeal is allowed by a single justice of the supreme judicial court on the ground that it presents a new and substantial question which ought to be determined by the full court.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278a - Post Conviction Access to Forensic and Scientific Analysis › Section 1 - Definitions

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: —
''Analysis'', the process by which a forensic or scientific technique is applied to evidence or biological material to identify the perpetrator of a crime.
''Biological material'', a sexual assault forensic examination kit, semen, blood, saliva, hair, skin tissue or other identified biological substance.
''Conviction'', a verdict or finding of guilty, a plea of guilty, a plea of nolo contendere or an adjudication of delinquency as a juvenile entered by the trial court.
''Exhaustive testing'', analysis of a particular item of evidence or biological material that precludes replicate analysis of the evidence or biological material.
''Factually innocent'', a person convicted of a criminal offense who did not commit that offense.
''Governmental entity'', an official body of the commonwealth, or of a county, city or town within the commonwealth.
''Identity'', the moving party's identity as the perpetrator of the offense for which the moving party was convicted in the underlying case.
''Moving party'', a person who files a motion under this chapter.
''Post conviction'', indicates any time after which a conviction has been entered.
''Prosecuting attorney'', the district attorney for the district in which the moving party was convicted or the attorney general of the commonwealth.
''Replicate analysis'', the duplication of an analysis performed on a particular item of evidence or biological material.
''Underlying case'', the trial court proceedings that resulted in the conviction of the moving party.
''Victim'', any natural person who suffered direct or threatened physical, emotional or financial harm as the result of the commission or attempted commission of the crime or delinquency case that is the subject of the underlying case; ''victim'' shall also include the parent, guardian, legal representative or administrator or executor of the estate of such person if that person is a minor, incompetent or deceased.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278a - Post Conviction Access to Forensic and Scientific Analysis › Section 2 - Conditions for Filing Motion for Forensic or Scientific Analysis; Affect of Chapter Upon Analysis Under Other Circumstances

Section 2. A person may file a motion for forensic or scientific analysis under this chapter if that person: (1) has been convicted of a criminal offense in a court of the commonwealth; (2) is incarcerated in a state prison, house of correction, is on parole or probation or whose liberty has been otherwise restrained as the result of a conviction; and (3) asserts factual innocence of the crime for which the person has been convicted.
This chapter shall not be construed to prohibit the performance of forensic or scientific analysis under any other circumstances, including by agreement between the person convicted of a criminal offense and the prosecuting attorney.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278a - Post Conviction Access to Forensic and Scientific Analysis › Section 4 - Jurisdiction Over Motion; Service of Motion; Response by Prosecuting Attorney

Section 4. (a) The moving party shall file a motion under section 3 with the court that adjudicated the underlying case and shall serve a copy of the motion on the prosecuting attorney.
(b) If the motion is not dismissed by the court under subsection (e) of section 3, the prosecuting attorney shall file a response with the court within 60 days after the date upon which the court issues notice under said subsection (e) of said section 3, and shall simultaneously serve the response on the moving party. The prosecuting attorney may request additional time in which to file the response, which the court may grant for good cause shown.
(c) The prosecuting attorney's response shall include any specific legal or factual objections that the prosecuting attorney has to the requested analysis.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278a - Post Conviction Access to Forensic and Scientific Analysis › Section 5 - Appointed Counsel

Section 5. The court may assign or appoint counsel to represent a moving party who meets the definition of indigency under section 2 of chapter 211D in the preparation and presentation of motions filed under this chapter.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278a - Post Conviction Access to Forensic and Scientific Analysis › Section 6 - Hearing

Section 6. (a) The court shall order a hearing on the motion if the motion meets the requirements of section 3. The moving party shall be present for the hearing unless the moving party waives the party's presence at the hearing.
(b) The judge who conducted the trial or accepted the moving party's plea of guilty or nolo contendere in the underlying case shall conduct the hearing if possible.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278a - Post Conviction Access to Forensic and Scientific Analysis › Section 7 - Findings of Fact and Conclusions of Law; Criteria for Allowing Requested Analysis; Orders for Discovery

Section 7. (a) After reviewing the motion, the prosecuting attorney's response and after holding a hearing, the court shall state findings of fact and conclusions of law on the record, or shall make written findings of fact and conclusions of law that support the decision to allow or deny a motion brought under section 3.
(b) The court shall allow the requested forensic or scientific analysis if each of the following has been demonstrated by a preponderance of the evidence:
(1) that the evidence or biological material exists;
(2) that the evidence or biological material has been subject to a chain of custody that is sufficient to establish that it has not deteriorated, been substituted, tampered with, replaced, handled or altered such that the results of the requested analysis would lack any probative value;
(3) that the evidence or biological material has not been subjected to the requested analysis for any of the reasons in clauses (i) to (v), inclusive, of paragraph (5) of subsection (b) of section 3;
(4) that the requested analysis has the potential to result in evidence that is material to the moving party's identification as the perpetrator of the crime in the underlying case;
(5) that the purpose of the motion is not the obstruction of justice or delay; and
(6) that the results of the particular type of analysis being requested have been found to be admissible in courts of the commonwealth.
(c) The court on motion of any party, after notice to the opposing party and any third party from whom discovery is sought, and an opportunity to be heard, may authorize such discovery as provided for under Rule 30(c)(4) of the Massachusetts Rules of Criminal Procedure, from either party or any third party as is deemed appropriate, subject to appropriate protective orders or an order to the party seeking discovery to produce reciprocal discovery.
Such discovery may include items and biological materials from third parties, provided the party seeking discovery demonstrates that analysis of these items or biological material will, by a preponderance of the evidence, provide evidence material to the identification of a perpetrator of the crime.
If, in response to a motion made under subsection (c) of section 3, the court finds good cause for the moving party's inability to obtain items or information required under subsection (b) of said section 3 and subsection (b) of section 7, the court may order discovery to assist the moving party in identifying the location and condition of evidence or biological material that was obtained in relation to the underlying case, regardless of whether it was introduced at trial or would be admissible. The court, when considering such discovery requests, shall not require the establishment of a prima facie case for relief under Rule 30 of the Massachusetts Rules of Criminal Procedure.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278a - Post Conviction Access to Forensic and Scientific Analysis › Section 10 - Cost of Analysis

Section 10. The costs of the analysis shall be paid:
(1) by the moving party if the moving party does not meet the definition of indigency under section 2 of chapter 211D and has sufficient means to make such payment;
(2) if the moving party meets the definition of indigency under said section 2 of said chapter 211D, as an extra fee or cost under sections 27A through 27G, inclusive, of chapter 261; or
(3) if a person is indigent, but has the ability to pay a reduced fee as defined under said section 2 of said chapter 211D, by the moving party to the maximum feasible amount possible given the financial resources of the moving party 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 278a - Post Conviction Access to Forensic and Scientific Analysis › Section 12 - Disclosure of Analysis Results; Orders to Produce Data, Documents and Notes

Section 12. (a) The results of the analysis shall be simultaneously disclosed to the moving party, the prosecuting attorney and the court.
(b) The court shall, at the request of a party or on its own initiative, order production of the underlying laboratory data, documents and notes.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278a - Post Conviction Access to Forensic and Scientific Analysis › Section 13 - Additional Analysis Ordered Upon Inconclusive Findings

Section 13. If the analysis is inconclusive, the court may order any additional analysis requested if the court concludes that the requirements of subsection (b) of section 7 are met.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278a - Post Conviction Access to Forensic and Scientific Analysis › Section 14 - Victim Notification

Section 14. (a) If a motion is filed under section 3, the prosecuting attorney shall notify the victim of the crime in the underlying case.
(b) The prosecuting attorney shall notify the victim if the court allows a motion for forensic or scientific analysis and, if the victim is notified of the allowance of the motion, shall promptly notify the victim of the result of the analysis.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278a - Post Conviction Access to Forensic and Scientific Analysis › Section 15 - Waiver of Right to File Motion Prohibited

Section 15. The right to file a motion under this chapter shall not be waived. This prohibition of any waiver includes, but is not limited to, any stated or unstated waiver that is or is alleged to be part of any agreement or understanding related to any plea of guilty or of nolo contendere or to any sentencing or appellate proceeding or to any correctional placement or conditions.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278a - Post Conviction Access to Forensic and Scientific Analysis › Section 16 - Retention and Preservation of Evidence or Biological Material by Governmental Entities; Regulations

Section 16. (a) Any governmental entity that is in possession of evidence or biological material that is collected for its potential evidentiary value during the investigation of a crime, the prosecution of which results in a conviction, shall retain such evidence or biological material for the period of time that a person remains in the custody of the commonwealth or under parole or probation supervision in connection with that crime, without regard to whether the evidence or biological material was introduced at trial. Each governmental entity shall retain all such evidence or biological material in a manner that is reasonably designed to preserve the evidence and biological material and to prevent its destruction or deterioration. The evidence or biological material need not be preserved if it is to be returned to a third party or if it is of such a size, bulk or physical character as to render retention impracticable.
(b) The director of the crime laboratory within the department of state police, in consultation with the forensic sciences advisory board established by section 184A of chapter 6, shall promulgate regulations governing the retention and preservation of evidence or biological material by any governmental entity. The regulations shall include standards for maintaining the integrity of the materials over time, the designation of officials at each governmental entity with custodial responsibility and requirements for contemporaneously recorded documentation of individuals having and obtaining custody of any evidence or biological material.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278a - Post Conviction Access to Forensic and Scientific Analysis › Section 17 - Civil or Criminal Liability of Governmental Officials; Willful or Wanton Misconduct or Gross Negligence by Governmental Entities Resulting in Deterioration or Destruction of Evidence; Damages

Section 17. (a) Governmental officials and employees acting in good faith shall not be liable in a civil or criminal proceeding for any act under this chapter.
(b) If a governmental entity responsible for the preservation of evidence or biological material engages in willful or wanton misconduct or gross negligence, which results in the deterioration or destruction of evidence or biological material so that a laboratory is unable to perform adequate or proper analysis, that entity shall be subject to proceedings for contempt.
(c) Nothing in this chapter shall create any cause of action for damages against the commonwealth or any of its subdivisions or officers, employees, agents or subdivisions, except as provided in this section.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 278a - Post Conviction Access to Forensic and Scientific Analysis › Section 18 - Appeals

Section 18. An order allowing or denying a motion for forensic or scientific analysis filed under this chapter shall be a final and appealable order. If the moving party appeals an order denying a motion for forensic or scientific analysis the moving party shall file a notice of appeal with the court within 30 days after the entry of the judgment.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 1a - Suspension of Execution of Sentence; Probation; Child Support Payments

Section 1A. When a person convicted before a court is sentenced to fine and imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended, and that he be placed on probation for such time and on such terms and conditions as it shall fix. The court may direct, as one of such terms and conditions, that payment of the fine may be made to the probation officer in one payment, or in part payments, during the period of probation or any extension thereof, and when such fine shall have been fully paid the order of commitment as to the fine shall be void, but the order of commitment as to imprisonment shall not be affected by such payment. The probation officer shall give a receipt for every payment so made, shall keep a record of the same, shall pay the fine, or all sums received in part payment thereof, to the clerk of the court at the end of the period of probation or any extension thereof, and shall keep on file the clerk's receipt therefor. If during or at the end of said period the probation officer shall report that the fine is in whole or in part unpaid, and in his opinion the person is unwilling or unable to pay it, the court may either extend said period, place the case on file or revoke the suspension of the execution of the sentence. When such suspension is revoked, in a case where the fine has been paid in part, the defendant may be committed for default in payment of the balance, and may also be committed for the term of imprisonment fixed in the original sentence. This section shall not permit the suspension of the execution of the sentence of any person convicted of a crime punishable by imprisonment for life or of a crime an element of which is being armed with a dangerous weapon, or of any person convicted of any other felony if it shall appear that he has been previously convicted of any felony. In granting probation under this section, the court shall include in its terms and conditions of probation that the person convicted shall pay any child support due under a support order, as defined in section 1A of chapter 119A, including payment toward any arrearage of support that accrues or has accrued or compliance with any payment plan between the person convicted and the IV–D agency as set forth in said chapter 119A.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 1b - Funds Collection and Disbursement; Single Point for Clerk-Magistrate and Probation Offices

Section 1B. Notwithstanding any other provision of law, the administrative justice of a department of the trial court may direct that both the clerk-magistrate's office and the probation office of one or more court divisions are to utilize a single funds collection and disbursement point within the courthouse.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 2 - Suspension of Execution of Orders of Commitment to Massachusetts Reformatory, Etc.

Section 2. In all cases the execution of orders of commitment to any training school or reformatory, however named, the department of youth services, or the department of public welfare may be suspended, and such suspension continued or revoked, in the same manner and with the same effect as the execution of sentences in criminal cases.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 3a - Motion of District Attorney for Sentence

Section 3A. Not later than seven days after a plea of guilty or after a verdict of guilty and in any event before adjournment of the sitting at which such plea or verdict has been taken and recorded in a case of felony wherein no question of law has been reported for decision by the supreme judicial court, the district attorney shall move for sentence; provided, that nothing herein shall preclude the district attorney from again making such a motion in any case where the imposition of sentence is delayed under section forty-seven.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 4 - Imposition of Sentence; Stay of Execution

Section 4. Sentence shall be imposed upon conviction of a crime, regardless of whether an appeal has been taken, except as otherwise provided in section sixty-one in case of a conviction of a capital crime.
If sentence is imposed upon conviction of a crime punishable by death, the justice imposing the sentence shall at the same time stay the execution of the sentence, such stay to be effective until revoked by the superior court department of the trial court, which is hereby granted full powers of revocation in the premises. The clerk of such court shall, forthwith upon the revocation by the court of any such stay of execution of sentence, certify that said stay has been revoked and cause said certificate to be served upon the superintendent of the state prison, or the officer performing his duties, by any officer qualified to serve criminal process; and the officer serving the same shall forthwith make due return of service to the clerk.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 4b - Notice to Victim of Sentencing Proceedings; Oral or Written Statements

Section 4B. Before disposition in any case where a defendant has been found guilty of any felony or any crime against the person or crime where physical injury to a person results, excluding any crime for which a sentence of death may be imposed, and which involves an identified victim whose whereabouts are known, the district attorney shall give the victim actual notice of the time and place of sentencing and of the victim's right to make a statement to the court, orally or in writing at the victim's option, as to the impact of the crime and as to a recommended sentence. Before disposition, the court shall allow any victim who elects to make such an oral statement the opportunity to do so in the presence of the defendant. Before disposition, the district attorney shall file any such written statement with the court and shall make it available to the defendant.
If the victim is unable to make an oral or written statement because of his mental, emotional, or physical incapacity or his age, his attorney or a designated family member shall be provided the notice and the opportunity to make a statement prescribed in this paragraph.
Before said disposition the office of the district attorney shall cause to be prepared a written statement as to the impact of the crime on the victim, which shall be filed with the court as part of the presentence report and made available to the defendant. The statement shall include the following: (1) the name of the victim; (2) documentation of the net financial loss, if any, suffered by the victim or a family member as a result of the crime; (3) in cases where the crime has had an impact on the victim's personal welfare or family relationship or has had a psychological impact on the victim or his family, a statement of such impact.
The court shall allow the defendant to have the opportunity to rebut the victim's oral or written statement and the district attorney's written statement if the court decides to rely upon such statements or parts thereof in imposing sentence.
No sentence shall be invalidated because of failure to comply with the provisions of this section. This section shall not be construed to create any cause of action or any right of appeal on behalf of any person.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 5 - Sentence if No Punishment Is Provided by Statute

Section 5. If no punishment for a crime is provided by statute, the court shall impose such sentence, according to the nature of the crime, as conforms to the common usage and practice in the commonwealth. If a person is convicted of a misdemeanor punishable by imprisonment, he may, unless otherwise expressly provided, be sentenced to imprisonment either in the jail or in the house of correction.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 6 - Sentence to Jail or House of Correction

Section 6. Whoever is convicted of a crime punishable wholly or in part by imprisonment in jail may be sentenced to such imprisonment in the house of correction or to confinement at hard labor either in the jail or house of correction; and if convicted of a crime punishable by imprisonment in the house of correction may be sentenced to such imprisonment in a jail.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 6a - Special Sentence of Imprisonment; Eligible Offenders; Revocation or Rescission of Special Sentence; Subsequent Crimes

Section 6A. When a person is sentenced on a first offense to imprisonment in a jail or house of correction for a term which does not exceed one year, the court may order the sentence to be served in whole or in part on weekends and legal holidays or such other periodic interval as the court may determine. Such a sentence shall be known as a special sentence of imprisonment. If an offender receives a special sentence of imprisonment under this section, he shall, unless otherwise provided by the sentence of the court, report to the institution to which he has been sentenced no later than 6:00 p.m. on Friday and shall be released at 7:00 a.m. on the succeeding Monday; provided, however, that if the succeeding Monday is a holiday, the offender shall not be released until 7:00 a.m. on Tuesday; and provided further, that the total time served shall be equal to the sentence imposed.
On application of the offender, of the department of correction or the director of the institution to which the offender is committed, or on its own motion, the court may after a hearing rescind or modify an order under the first paragraph, and may direct that the balance of the sentence of imprisonment shall be served consecutively. Before a special sentence is rescinded or modified, the court shall cause the notification thereof to be given to the district attorney and to the offender.
If while serving such a special sentence, such person is convicted of a subsequent crime other than a nonmoving motor vehicle violation, the terms of said special sentence shall be rescinded and said person shall complete the balance of his original sentence consecutively in the jail or house of correction in which he has been serving said special sentence.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 6b - Consideration of Defendant's Status as Primary Caregiver of Dependent Child Before Imposing Sentence

Section 6B. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Dependent child'', a person under 18 years of age.
''Primary caretaker of a dependent child'', a parent with whom a child has a primary residence.
(b) Unless a sentence of incarceration is required by law, the court may, upon conviction, consider the defendant's status as a primary caretaker of a dependent child before imposing a sentence. A defendant may request such consideration, by motion supported by an affidavit, not more than 10 days after the entry of judgment. Upon receipt of such a motion supported by an affidavit, the court shall make written findings concerning the defendant's status as a primary caretaker of a dependent child and alternatives to incarceration. If such a motion has been filed, the court shall not impose a sentence of incarceration without first making such written findings.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 7 - Sentence to Jail or House of Correction for Non-Payment of Fine

Section 7. Whoever is convicted of a crime punishable by a fine, and is liable to imprisonment in the jail for its non-payment, may be sentenced to such imprisonment in the house of correction, or to confinement at hard labor either in the jail or house of correction.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 8 - Commitments Upon Two or More Sentences

Section 8. A convict upon whom two or more sentences to imprisonment are imposed may be fully committed upon all such sentences at the same time, and shall serve them in the order named in the mittimuses upon which he is committed; but when fine and imprisonment are named in one of the sentences the prisoner shall always be committed upon the term sentence first.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 8a - Determination of Time of Taking Effect of Sentence; ''from and After'' Sentence

Section 8A. For the purpose only of determining the time of the taking effect of a sentence which is ordered to take effect from and after the expiration of a previous sentence, such previous sentence shall be deemed to have expired when a prisoner serving such previous sentence shall have been released therefrom by parole or otherwise. Nothing in this section shall be construed to alter or control any provision of section one hundred and thirty-one or one hundred and forty-nine of chapter one hundred and twenty-seven.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 8b - Commission of Crime While Released on Personal Recognizance; Consecutive Sentence

Section 8B. If a defendant on release subject to the provisions of section fifty-eight of chapter two hundred and seventy-six, commits a crime, the sentence imposed for such a crime shall run consecutively to the earlier sentence for the crime for which he was on release.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 9 - Second Sentence for Non-Payment of Fine

Section 9. Except as provided in section one hundred and forty-six of chapter one hundred and twenty-seven, if a convict is sentenced to pay a fine in more than one case and has been committed to a jail, house of correction or other prison or other correctional institution for refusing to pay such fine, the subsequent sentence shall take effect upon the expiration of the imprisonment under the former sentence.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 10 - Conditional Sentence

Section 10. If a person has been convicted of a crime punishable, at the discretion of the court, by fine or imprisonment in the jail or house of correction or by fine or imprisonment in the state prison, the court may impose upon him a conditional sentence, and order him to pay a fine within a limited time which shall be expressed in the sentence, and in default thereof to suffer such imprisonment as is provided by law. He shall be forthwith committed to the custody of an officer in court or to the jail, to be detained until the sentence is complied with; and if he does not within the time limited pay the fine imposed, the sheriff shall cause the other part of the sentence to be executed forthwith.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 11 - Punishment by Imprisonment Only or by Fine Only When Law Prescribes Both

Section 11. Whoever is convicted of a crime, punishable by fine and imprisonment either in the jail or house of correction, except a person convicted under section thirty G of chapter one hundred and thirty-eight, may at the discretion of the court, be sentenced to be punished by imprisonment only, or by a fine only, if he shows to the satisfaction of the court that he has not before been convicted of a similar crime.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 12 - Recognizance of Husband Convicted of Assault Upon Wife

Section 12. Except as provided in section twenty-eight of chapter two hundred and eighteen and in section twenty of chapter two hundred and nineteen, if a husband is convicted of an assault upon his wife, the court may, in addition to the other penalties imposed, or in lieu thereof, order him to recognize with surety or sureties to keep the peace for any term of not more than two years, and may at any time revoke such order or reduce the amount required or order that the recognizance be taken without surety.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 13 - Recognizance to Keep the Peace or to Be of Good Behavior

Section 13. Except as provided in section twenty-eight of chapter two hundred and eighteen and in section twenty of chapter two hundred and nineteen, whoever is convicted of a misdemeanor may, in addition to the punishment prescribed by law, be required to recognize, with sufficient sureties, in a reasonable sum to keep the peace, or to be of good behavior, or both, for any term of not more than two years, and to stand committed until he so recognizes.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 14 - Recognizance; Filing; Proceedings on Breach of Condition

Section 14. Such recognizance shall be filed of record in the superior court for the county, and, upon a breach of the condition thereof, the proceedings shall be as provided in chapter two hundred and seventy-five relative to recognizances to keep the peace and be of good behavior.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 15 - Sentence to Jail or House of Correction in Any County

Section 15. Whoever is convicted of a crime, punishable by imprisonment in the jail or house of correction, may be sentenced to a jail or house of correction of any county, and the master or keeper shall receive and detain him in the same manner as if he had been sentenced by a court sitting in the county where such jail or house of correction is situated.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 16 - Sentencing of Female to Massachusetts Correctional Institution, Framingham

Section 16. A female, convicted of a crime punishable by imprisonment in a jail or house of correction, may be sentenced to the Massachusetts Correctional Institution, Framingham.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 19 - Place of Imprisonment of Females Convicted of Felony

Section 19. The sentence to imprisonment of a female convicted of a felony shall be executed in the Massachusetts Correctional Institution, Framingham; or the court imposing sentence in such a case may impose the sentence in a jail or house of correction provided by law in the case of male prisoners, if it does not exceed two and one half years.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 20 - Execution of Sentence of Imprisonment of Females Sentenced to Confinement at Hard Labor

Section 20. Subject to the preceding section, a sentence of a female convict of whatever age to confinement at hard labor shall be executed in a jail or house of correction or the Massachusetts Correctional Institution, Framingham as the court orders.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 23 - Limitation of Sentences of Males to Jails or Houses of Correction

Section 23. No sentence of a male convict to imprisonment or confinement for more than two and one half years shall be executed in any jail or house of correction.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 24 - Indeterminate Sentence to State Prison; Determination of Sentence for Offender Aged Fourteen Through Seventeen

Section 24. If a convict is sentenced to the state prison, except as an habitual criminal, the court shall not fix the term of imprisonment, but shall fix a maximum and a minimum term for which he may be imprisoned. The maximum term shall not be longer than the longest term fixed by law for the punishment of the crime of which he has be convicted, and the minimum term shall be a term set by the court, except that, where an alternative sentence to a house of correction is permitted for the offense, a minimum state prison term may not be less than one year. In the case of a sentence to life imprisonment, except in the case of a sentence for murder in the first degree, and in the case of multiple life sentences arising out of separate and distinct incidents that occurred at different times, where the second offense occurred subsequent to the first conviction, the court shall fix a minimum term which shall be not less than 15 years nor more than 25 years.
In the case of a sentence of life imprisonment for murder in the first degree committed by a person on or after the person's fourteenth birthday and before the person's eighteenth birthday, the court shall fix a minimum term of not less than 20 years nor more than 30 years; provided, however, that in the case of a sentence of life imprisonment for murder in the first degree with extreme atrocity or cruelty committed by a person on or after the person's fourteenth birthday and before the person's eighteenth birthday, the court shall fix a minimum term of 30 years; and provided further, that in the case of a sentence of life imprisonment for murder in the first degree with deliberately premeditated malice aforethought committed by a person on or after the person's fourteenth birthday and before the person's eighteenth birthday, the court shall fix a minimum term of not less than 25 years nor more than 30 years.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 26 - Further Sentence of Convict in State Prison

Section 26. A convict under sentence of imprisonment in the state prison may be further sentenced for a maximum term not longer than the longest term fixed by law for the punishment of the crime for which he has been convicted, and a minimum term not less than one year.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 27 - Immediate Execution of Sentence to State Prison of Convict Sentenced to Jail or House of Correction

Section 27. If a convict serving a sentence of imprisonment in a jail or house of correction is convicted of a felony, the court may impose sentence of imprisonment in the state prison and order it to take effect forthwith, notwithstanding the former sentence. The convict shall thereupon be removed to the reception center established under section twenty of chapter one hundred and twenty-seven, and shall be discharged at the expiration of his sentence thereto.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 279 - Judgment and Execution › Section 30 - Vacation of Office From Time of Sentence to State Prison

Section 30. If a convict sentenced by a court of the commonwealth or of the United States to imprisonment in the state prison or by a court of the United States to a federal penitentiary for a felony holds an office under the constitution or laws of the commonwealth at the time of sentence, it shall be vacated from the time of sentence. If the judgment against him is reversed upon writ of error, he shall be restored to his office with all its rights and emoluments; but, if pardoned, he shall not by reason thereof be restored, unless it is so expressly ordered by the terms of the pardon.