General Laws of Massachusetts (Last Updated: January 16, 2020) |
PART IV CRIMES, PUNISHMENTS AND PROCEEDINGSIN 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 |
CHAPTER 276. SEARCH WARRANTS, REWARDS, FUGITIVES FROM JUSTICE, ARREST, EXAMINATION, COMMITMENT AND BAIL. PROBATION OFFICERS AND BOARD OF PROBATION
SECTION 1. Complaint for issuance of search warrant; warrant for designated property or articles; search incident to arrest; documentary evidence subject to privilege |
SECTION 1A. Search warrants for articles belonging to subversive organizations |
SECTION 1B. Search warrants for records possessed by foreign corporations providing electronic communication or remote computing services |
SECTION 2. Requisites of warrant |
SECTION 2A. Form of warrant |
SECTION 2B. Affidavit in support of application for search warrant; contents and form |
SECTION 2C. Manner of issuing search warrants; application of Secs. 2, 2A and 2B |
SECTION 3. Seizure, custody and disposition of articles; exceptions |
SECTION 3A. Time for return of search warrant |
SECTION 4. Notice before forfeiture of property seized under search warrant |
SECTION 5. Service of notice |
SECTION 6. Postponement of trial; further notice |
SECTION 7. Sale or destruction of property seized; disposition of proceeds |
SECTION 8. Appeal from decree of forfeiture; recognizance; jury trial; conformity to criminal cases; disposition of articles |
SECTION 9. Rewards offered by governor; determination of claims |
SECTION 10. Rewards offered by aldermen, selectmen or mayor; determination of claims |
SECTION 10A. Authority of officer of another state to arrest felon |
SECTION 10B. Proceedings after arrest made in commonwealth by an officer of another state |
SECTION 10C. Partial invalidity |
SECTION 10D. Uniform extraterritorial arrest on fresh pursuit; short title; uniform construction |
SECTION 11. Definitions applicable to Secs. 11 to 20R |
SECTION 12. Arrest and delivery of accused to executives of another state; governor's authority |
SECTION 13. Surrendering accused not in demanding state at time of crime or leaving demanding state involuntarily |
SECTION 14. Written demand; allegations; accompanying papers; charge of crime; authentication of copies of papers |
SECTION 15. Investigation of demand and report to governor |
SECTION 16. Governor's warrant of arrest; recital of facts |
SECTION 17. Arrest and delivery of accused; commanding aid |
SECTION 18. Authority to command assistance; penalties for refusal |
SECTION 19. Rights of arrested person; habeas corpus; notice; penalty |
SECTION 20. Confinement of accused; expense; evidence of transportation to demanding state; new requisition |
SECTION 20A. Warrant to apprehend on oath or affidavit; copies of papers attached |
SECTION 20B. Arrest without warrant; taking accused before court or justice; complaint |
SECTION 20C. Commitment to permit arrest under warrant of governor on requisition |
SECTION 20D. Bail |
SECTION 20E. Discharge; recommitment; bail |
SECTION 20F. Forfeiture of bail |
SECTION 20G. Prosecution pending in commonwealth |
SECTION 20H. Inquiry into guilt or innocence |
SECTION 20I. Recall of warrant or issuance of another |
SECTION 20J. Waiver of warrant and procedure, etc. |
SECTION 20K. Warrant to receive accused and convey him to proper county; proceedings pending in another state |
SECTION 20L. Application for requisition |
SECTION 20M. Payment of agent's expenses |
SECTION 20N. Service of process in civil action on accused; immunity |
SECTION 20O. Trying for other crimes; immunity |
SECTION 20P. Waiver by commonwealth |
SECTION 20Q. Severability |
SECTION 20R. Uniform criminal interstate rendition law; short title; uniform construction |
SECTION 21. Warrants to arrest; issuance of process for apprehension of persons charged with crime by certain justices |
SECTION 22. Warrants, procedure for issuance |
SECTION 23. Service of warrants and other processes |
SECTION 23A. Warrant management system |
SECTION 23B. Annual list of persons registered with licensing authorities; department of criminal justice information services; outstanding warrants; notification of license suspension; hearing |
SECTION 24. Summons instead of warrant |
SECTION 25. Summons fixing time for trial; service |
SECTION 26. Failure to appear and abide orders as contempt |
SECTION 27. Recognizance |
SECTION 28. Arrest without warrant |
SECTION 29. Outstanding warrant check prior to release on bail or recognizance |
SECTION 30. Recall of default warrant; arrest |
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 32. Payment of fine, assessment, costs, restitution, support payment, etc.; release from custody |
SECTION 33. Examination of arrested persons for injuries; reports; penalty |
SECTION 33A. Use of telephone in places of detention |
SECTION 34. Repealed, 1979, 344, Sec. 23 |
SECTION 35. Adjournments of examinations and trials |
SECTION 36. Failure to appear; default on recognizance; subsequent proceedings |
SECTION 37. Failure to recognize; subsequent proceedings |
SECTION 37A. Assignment of counsel |
SECTION 38. Examination; assistance of counsel; waiver of indictment |
SECTION 39. Repealed, 1979, 344, Sec. 25 |
SECTION 40. Testimony reduced to writing; signing by witnesses |
SECTION 41. Discharge of prisoner |
SECTION 42. Bail or commitment |
SECTION 42A. Bail or personal recognizance; terms and conditions to protect persons suffering physical abuse |
SECTION 43. Conveying prisoner through another county |
SECTION 44. Fees and expenses in district court in record sent to superior court |
SECTION 45. Witnesses bound by recognizance |
SECTION 46. Witnesses bound by recognizance on adjournment |
SECTION 47. Sureties with recognizance |
SECTION 48. Recognizances for minor witnesses |
SECTION 49. Commitment of witnesses; discharge upon recognizance |
SECTION 50. Repealed, 1979, 344, Sec. 25 |
SECTION 51. Release of committed witnesses; proceedings |
SECTION 52. Rules regulating treatment of committed witnesses; removal to another county |
SECTION 52A. Removal of accused person to another county or to a correctional institution; return; proceedings; costs |
SECTION 53. Transporting male and female prisoners |
SECTION 54. Handcuffing committed witnesses to accused persons; transporting together |
SECTION 55. Discharge upon acknowledgment of satisfaction for injury |
SECTION 56. Filing of order; delivery to jail keeper; discharge as bar to civil action |
SECTION 57. Bail; officials authorized to admit to bail; amount of bail; security |
SECTION 58. Release on personal recognizance or unsecured appearance bond; determination; fees; refusal; petition for review |
SECTION 58A. Conditions for release of persons accused of certain offenses involving physical force or abuse; hearing; order; review |
SECTION 58B. Revocation of release and detention order following violation of release conditions |
SECTION 59. Repealed, 2018, 69, Sec. 177 |
SECTION 60. Bail in Suffolk county; proceedings |
SECTION 61. Bail taken out of court; certificate or recognizance and deposit by surety; presence of persons; monthly statements by person taking bail |
SECTION 61A. Repealed, 2018, 69, Sec. 178 |
SECTION 61B. Compensation for acting as surety prohibited |
SECTION 62. Notice to district attorney of application to accept bail in Suffolk county |
SECTION 63. Compensation for taking bail |
SECTION 64. Admission to bail on Sunday |
SECTION 65. Condition of recognizance |
SECTION 66. Return of recognizance and examination taken by magistrate; order compelling; contempt |
SECTION 67. Repealed, 1994, 247, Sec. 5 |
SECTION 68. Surrender of principal; notice; exoneration of bail; return of deposits; subsequent bail |
SECTION 69. Surrender of principal after default; remission of penalty |
SECTION 70. Inability to surrender principal; exoneration of bail |
SECTION 71. Default on recognizance |
SECTION 72. Surety paying amount for which bound; costs |
SECTION 73. Award of portion of penalty to person entitled to forfeiture |
SECTION 74. Judgment for whole or part of penalty |
SECTION 75. Neglect, omissions or defects as defeating action |
SECTION 76. Review and rehearing of case after judgment on recognizance |
SECTION 77. Service of notice and copy of petition; return day |
SECTION 78. Proceedings if former judgment diminished, etc.; costs |
SECTION 79. Personal recognizance and deposit instead of sureties for release from custody |
SECTION 80. Forfeiture of deposit on default; sale of bonds; collection on bank books; payments to state treasurer |
SECTION 81. Defendant surrendering self; return of deposit |
SECTION 82. Magistrates authorized to admit prisoners to bail |
SECTION 82A. Failure to appear in court after release on bail or recognizance; penalty |
SECTION 83. Probation officers; applicants for appointment as a probation officer; examination; investigation and interview; promotion; publication of standards |
SECTION 83A. Repealed, 1992, 379, Sec. 189 |
SECTION 83B to 83F. Repealed, 1949, 783, Sec. 2 |
SECTION 84. Repealed, 1977, 97 |
SECTION 85. Powers and duties of probation officers |
SECTION 85A. Probation officers of the probate court; support and maintenance enforcement |
SECTION 85B. Probation officers of the probate court; collection of delinquent payments due under order of the court; recommendations to the court |
SECTION 86. Repealed, 2011, 93, Sec. 121 |
SECTION 87. Placing certain persons in care of probation officer |
SECTION 87A. Conditions of probation; probation fees |
SECTION 87B. Compliance credits earned by eligible offender; accrual; revocation; calculation of supervision termination date |
SECTION 88. Clerical assistance |
SECTION 89. Temporary probation officers |
SECTION 89A. Counsellors to juvenile offenders |
SECTION 89B. Probation officers appointed to exclusively supervise young adults; selection; training |
SECTION 90. Powers of probation officers; reports; records; inspection |
SECTION 91. Power of probation officers appointed by Boston juvenile court to serve process |
SECTION 92. Restitution or reparation to injured person through probation officer |
SECTION 92A. Restitution in cases involving motor vehicle theft or fraudulent claims |
SECTION 93. Payment to treasurer of unclaimed money collected by probation officer |
SECTION 94. Expenses of probation officers |
SECTION 95. Temporary support or transportation of probationers |
SECTION 96. Penalty for refusal or neglect of duties by probation officer |
SECTION 97. Interference with duties of department of youth services |
SECTION 98. Office of probation; commissioner of probation |
SECTION 98A. Advisory board to commissioner of probation and court administrator |
SECTION 99. Powers and duties of commissioner of probation |
SECTION 99A. Repealed, 1992, 379, Sec. 192 |
SECTION 99B. Probation officers; compensation |
SECTION 99C. Repealed, 1978, 478, Sec. 296 |
SECTION 99D. Repealed, 1986, 520, Sec. 3 |
SECTION 99E. Indigency; interagency service agreements; income data verification |
SECTION 99F. Performance measurement system for the office of probation and private organizations under contract with the commonwealth |
SECTION 99G. Pretrial services initiative; supervisor of pretrial services; duties; staff; reports |
SECTION 100. Detailed reports of probation work; records; accessibility of information |
SECTION 100A. Requests to seal files; conditions; application of section; effect of sealing of records |
SECTION 100B. Requests to seal delinquency files or records; conditions; sealing by commissioner; notice for compliance; effect of sealing; limited disclosure |
SECTION 100C. Sealing of records or files in certain criminal cases; effect upon employment reports; enforcement |
SECTION 100D. Availability of sealed criminal record information |
SECTION 100E. Definitions applicable to Secs. 100E through 100U |
SECTION 100F. Petition for expungement of record as adjudicated delinquent or youthful offender |
SECTION 100G. Petition for expungement of record of conviction |
SECTION 100H. Petition for expungement of record without adjudication as delinquent or youthful offender or conviction |
SECTION 100I. Certification of eligibility for expungement |
SECTION 100J. Offenses excluded from eligibility of record for expungement |
SECTION 100K. Expungement of record resulting from false identification, an offense no longer a crime at time of expungement, error or fraud |
SECTION 100L. Duty of clerk of court and commissioner of criminal justice information to expunge court records and police logs upon order issued pursuant to Secs. 100F, 100G, 100H or 100K |
SECTION 100M. Failure to acknowledge expunged record as basis for perjury or false statement |
SECTION 100N. Employment applications and trade or professional licensures; effect of expunged records |
SECTION 100O. Petitions for expungement and related records excluded as public records |
SECTION 100P. Exclusion of general public from proceedings relating to petition for expungement |
SECTION 100Q. Sealed or expunged records not to be available for inspection |
SECTION 100R. Waiver of right to expunge as condition of plea deal |
SECTION 100S. Negligence claims; employers and landlords presumed to have no notice of seal, expunged or otherwise protected records |
SECTION 100T. Notice of sealed and expunged records to Federal Bureau of Investigation and United States Department of Justice |
SECTION 100U. Administration and enforcement of Secs. 100E to 100T |
SECTION 101. Annual report of commissioner to general court |
SECTION 101A. Establishment of uniform forms of blanks and records for use in district court probation offices |
SECTION 102. Effect of Secs. 98 to 101A on authority of courts |
SECTION 103. Notice to commissioner of appointment, removal, etc., of probation officer |