Massachusetts General Laws
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 1 - Complaint for Issuance of Search Warrant; Warrant for Designated Property or Articles; Search Incident to Arrest; Documentary Evidence Subject to Privilege - Section 1. A court or justice authorized to issue warrants...

Section 1a - Search Warrants for Articles Belonging to Subversive Organizations - Section 1A. A justice of the superior court, upon application...

Section 1b - Search Warrants for Records Possessed by Foreign Corporations Providing Electronic Communication or Remote Computing Services - Section 1B. (a) As used in this section, the following...

Section 2 - Requisites of Warrant - Section 2. Search warrants shall designate and describe the building,...

Section 2a - Form of Warrant - Section 2A. The warrant shall be in substantially the following...

Section 2b - Affidavit in Support of Application for Search Warrant; Contents and Form - Section 2B. A person seeking a search warrant shall appear...

Section 2c - Manner of Issuing Search Warrants; Application of Secs. 2, 2a and 2b - Section 2C. Search warrants issued pursuant to section two hundred...

Section 3 - Seizure, Custody and Disposition of Articles; Exceptions - Section 3. If an officer in the execution of a...

Section 3a - Time for Return of Search Warrant - Section 3A. Every officer to whom a warrant to search...

Section 4 - Notice Before Forfeiture of Property Seized Under Search Warrant - Section 4. Before a decree of forfeiture of property seized...

Section 5 - Service of Notice - Section 5. The notice shall, not less than fourteen days...

Section 6 - Postponement of Trial; Further Notice - Section 6. If, at the time appointed for the trial,...

Section 7 - Sale or Destruction of Property Seized; Disposition of Proceeds - Section 7. If upon trial the property is adjudged forfeited,...

Section 8 - Appeal From Decree of Forfeiture; Recognizance; Jury Trial; Conformity to Criminal Cases; Disposition of Articles - Section 8. A person aggrieved by a decree of forfeiture...

Section 9 - Rewards Offered by Governor; Determination of Claims - Section 9. The governor, if he deems the public good...

Section 10 - Rewards Offered by Aldermen, Selectmen or Mayor; Determination of Claims - Section 10. The aldermen or the selectmen, if in their...

Section 10a - Authority of Officer of Another State to Arrest Felon - Section 10A. Any member of a duly organized state, county...

Section 10b - Proceedings After Arrest Made in Commonwealth by an Officer of Another State - Section 10B. If an arrest is made in this commonwealth...

Section 10c - Partial Invalidity - Section 10C. If any part of sections ten A and...

Section 10d - Uniform Extraterritorial Arrest on Fresh Pursuit; Short Title; Uniform Construction - Section 10D. Sections ten A to ten C, inclusive, may...

Section 11 - Definitions Applicable to Secs. 11 to 20r - Section 11. Wherever appearing in sections eleven to twenty R,...

Section 12 - Arrest and Delivery of Accused to Executives of Another State; Governor's Authority - Section 12. Subject to the provisions of sections eleven to...

Section 13 - Surrendering Accused Not in Demanding State at Time of Crime or Leaving Demanding State Involuntarily - Section 13. The governor may also surrender, on demand of...

Section 14 - Written Demand; Allegations; Accompanying Papers; Charge of Crime; Authentication of Copies of Papers - Section 14. No demand for the interstate rendition of a...

Section 15 - Investigation of Demand and Report to Governor - Section 15. When a demand shall be made upon the...

Section 16 - Governor's Warrant of Arrest; Recital of Facts - Section 16. If the governor decides that the demand should...

Section 17 - Arrest and Delivery of Accused; Commanding Aid - Section 17. Such warrant shall authorize the person to whom...

Section 18 - Authority to Command Assistance; Penalties for Refusal - Section 18. Every such person empowered to make an arrest...

Section 19 - Rights of Arrested Person; Habeas Corpus; Notice; Penalty - Section 19. No person arrested upon such a warrant shall...

Section 20 - Confinement of Accused; Expense; Evidence of Transportation to Demanding State; New Requisition - Section 20. The officer or other person executing the governor's...

Section 20a - Warrant to Apprehend on Oath or Affidavit; Copies of Papers Attached - Section 20A. Whenever any person within this commonwealth shall be...

Section 20b - Arrest Without Warrant; Taking Accused Before Court or Justice; Complaint - Section 20B. The arrest of a person may be lawfully...

Section 20c - Commitment to Permit Arrest Under Warrant of Governor on Requisition - Section 20C. If from the examination before such court or...

Section 20d - Bail - Section 20D. Unless the offence with which the person arrested...

Section 20e - Discharge; Recommitment; Bail - Section 20E. If the accused has not been arrested under...

Section 20f - Forfeiture of Bail - Section 20F. If the accused is admitted to bail, and...

Section 20g - Prosecution Pending in Commonwealth - Section 20G. If a criminal prosecution has been instituted against...

Section 20h - Inquiry Into Guilt or Innocence - Section 20H. The guilt or innocence of the accused as...

Section 20i - Recall of Warrant or Issuance of Another - Section 20I. The governor, whenever he deems proper, may recall...

Section 20j - Waiver of Warrant and Procedure, Etc. - Section 20J. Any person arrested in this commonwealth charged with...

Section 20k - Warrant to Receive Accused and Convey Him to Proper County; Proceedings Pending in Another State - Section 20K. Whenever the governor shall demand a person charged...

Section 20l - Application for Requisition - Section 20L. (a) Whenever the return to this commonwealth of...

Section 20m - Payment of Agent's Expenses - Section 20M. If the application for a requisition for the...

Section 20n - Service of Process in Civil Action on Accused; Immunity - Section 20N. A person brought into this commonwealth on, or...

Section 20o - Trying for Other Crimes; Immunity - Section 20O. After a person has been brought into this...

Section 20p - Waiver by Commonwealth - Section 20P. Nothing in sections eleven to twenty O, inclusive,...

Section 20q - Severability - Section 20Q. If any part of sections eleven to twenty...

Section 20r - Uniform Criminal Interstate Rendition Law; Short Title; Uniform Construction - Section 20R. Sections eleven to twenty R, inclusive, may be...

Section 21 - Warrants to Arrest; Issuance of Process for Apprehension of Persons Charged With Crime by Certain Justices - Section 21. Justices of the supreme judicial, superior or district...

Section 22 - Warrants, Procedure for Issuance - Section 22. Upon complaint made to any justice that a...

Section 23 - Service of Warrants and Other Processes - Section 23. Warrants and other processes issued for the apprehension...

Section 23a - Warrant Management System - Section 23A. Whenever a court is requested to issue a...

Section 23b - Annual List of Persons Registered With Licensing Authorities; Department of Criminal Justice Information Services; Outstanding Warrants; Notification of License Suspension; Hearing - Section 23B. (a) Any agency, department, commission, division or authority...

Section 24 - Summons Instead of Warrant - Section 24. Upon a complaint or indictment for any offense,...

Section 25 - Summons Fixing Time for Trial; Service - Section 25. A summons shall require the defendant to appear...

Section 26 - Failure to Appear and Abide Orders as Contempt - Section 26. If a defendant so summoned fails, without reasonable...

Section 27 - Recognizance - Section 27. If a defendant so summoned duly appears, he...

Section 28 - Arrest Without Warrant - Section 28. Any officer authorized to serve criminal process may...

Section 29 - Outstanding Warrant Check Prior to Release on Bail or Recognizance - Section 29. Before a court releases, discharges or admits to...

Section 30 - Recall of Default Warrant; Arrest - Section 30. Notwithstanding any law, rule or regulation to the...

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...

Section 32 - Payment of Fine, Assessment, Costs, Restitution, Support Payment, etc.; Release From Custody - Section 32. Whenever a person, brought before a court, against...

Section 33 - Examination of Arrested Persons for Injuries; Reports; Penalty - Section 33. Whenever a person is arrested for a crime...

Section 33a - Use of Telephone in Places of Detention - Section 33A. The police official in charge of the station...

Section 35 - Adjournments of Examinations and Trials - Section 35. The court or justice may adjourn an examination...

Section 36 - Failure to Appear; Default on Recognizance; Subsequent Proceedings - Section 36. If the recognizor does not appear according to...

Section 37 - Failure to Recognize; Subsequent Proceedings - Section 37. If the defendant fails to recognize, he may...

Section 37a - Assignment of Counsel - Section 37A. If a person is charged with a capital...

Section 38 - Examination; Assistance of Counsel; Waiver of Indictment - Section 38. The court or justice before whom a person...

Section 40 - Testimony Reduced to Writing; Signing by Witnesses - Section 40. The testimony of the witnesses examined shall be...

Section 41 - Discharge of Prisoner - Section 41. If it appears, upon the whole examination, that...

Section 42 - Bail or Commitment - Section 42. If it appears that a crime has been...

Section 42a - Bail or Personal Recognizance; Terms and Conditions to Protect Persons Suffering Physical Abuse - Section 42A. Whenever a court issues a criminal complaint and...

Section 43 - Conveying Prisoner Through Another County - Section 43. If the journey from the town where the...

Section 44 - Fees and Expenses in District Court in Record Sent to Superior Court - Section 44. If the defendant is held to appear before...

Section 45 - Witnesses Bound by Recognizance - Section 45. If the prisoner is admitted to bail or...

Section 46 - Witnesses Bound by Recognizance on Adjournment - Section 46. If the examination or trial of a defendant...

Section 47 - Sureties With Recognizance - Section 47. The court, if satisfied that there is good...

Section 48 - Recognizances for Minor Witnesses - Section 48. If a minor is a material witness, any...

Section 49 - Commitment of Witnesses; Discharge Upon Recognizance - Section 49. A witness who, when required, refuses to recognize,...

Section 51 - Release of Committed Witnesses; Proceedings - Section 51. If a witness has been committed because of...

Section 52 - Rules Regulating Treatment of Committed Witnesses; Removal to Another County - Section 52. The commissioner of correction shall from time to...

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...

Section 53 - Transporting Male and Female Prisoners - Section 53. An officer who, having the custody or control...

Section 54 - Handcuffing Committed Witnesses to Accused Persons; Transporting Together - Section 54. An officer who, having the custody of a...

Section 55 - Discharge Upon Acknowledgment of Satisfaction for Injury - Section 55. If a person committed to jail is under...

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...

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 Vi... - Section 56A. Before a judge of the superior court, district...

Section 57 - Bail; Officials Authorized to Admit to Bail; Amount of Bail; Security - Section 57. A justice of the supreme judicial or superior...

Section 58 - Release on Personal Recognizance or Unsecured Appearance Bond; Determination; Fees; Refusal; Petition for Review - Section 58. A justice or a clerk or assistant clerk...

Section 58a - Conditions for Release of Persons Accused of Certain Offenses Involving Physical Force or Abuse; Hearing; Order; Review - Section 58A. (1) The commonwealth may move, based on dangerousness,...

Section 58b - Revocation of Release and Detention Order Following Violation of Release Conditions - Section 58B. A person who has been released after a...

Section 60 - Bail in Suffolk County; Proceedings - Section 60. After a conviction or a plea of guilty...

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...

Section 61b - Compensation for Acting as Surety Prohibited - Section 61B. No surety under this chapter shall be compensated...

Section 62 - Notice to District Attorney of Application to Accept Bail in Suffolk County - Section 62. If application is made to a person authorized...

Section 63 - Compensation for Taking Bail - Section 63. No justice of any court, except a special...

Section 64 - Admission to Bail on Sunday - Section 64. Persons held in custody or committed upon a...

Section 65 - Condition of Recognizance - Section 65. The condition of a recognizance of a person,...

Section 66 - Return of Recognizance and Examination Taken by Magistrate; Order Compelling; Contempt - Section 66. A recognizance and examination taken by a magistrate...

Section 68 - Surrender of Principal; Notice; Exoneration of Bail; Return of Deposits; Subsequent Bail - Section 68. Bail in criminal cases may be exonerated at...

Section 69 - Surrender of Principal After Default; Remission of Penalty - Section 69. Bail may surrender their principal at any time...

Section 70 - Inability to Surrender Principal; Exoneration of Bail - Section 70. If, by the act of God, of the...

Section 71 - Default on Recognizance - Section 71. If a person under recognizance to appear and...

Section 72 - Surety Paying Amount for Which Bound; Costs - Section 72. A surety in such recognizance may, by leave...

Section 73 - Award of Portion of Penalty to Person Entitled to Forfeiture - Section 73. If, in a suit on a recognizance to...

Section 74 - Judgment for Whole or Part of Penalty - Section 74. If the penalty of a recognizance of a...

Section 75 - Neglect, Omissions or Defects as Defeating Action - Section 75. Such action shall not be barred or defeated,...

Section 76 - Review and Rehearing of Case After Judgment on Recognizance - Section 76. A court which has rendered judgment on a...

Section 77 - Service of Notice and Copy of Petition; Return Day - Section 77. Notice of the petition and a copy thereof...

Section 78 - Proceedings if Former Judgment Diminished, etc.; Costs - Section 78. If the court finds that a part of...

Section 79 - Personal Recognizance and Deposit Instead of Sureties for Release From Custody - Section 79. A person held in custody or committed upon...

Section 80 - Forfeiture of Deposit on Default; Sale of Bonds; Collection on Bank Books; Payments to State Treasurer - Section 80. At any time after default of the defendant,...

Section 81 - Defendant Surrendering Self; Return of Deposit - Section 81. The defendant may surrender himself at any time...

Section 82 - Magistrates Authorized to Admit Prisoners to Bail - Section 82. The term ''magistrate'', in any section of the...

Section 82a - Failure to Appear in Court After Release on Bail or Recognizance; Penalty - Section 82A. A person who is released by court order...

Section 83 - Probation Officers; Applicants for Appointment as a Probation Officer; Examination; Investigation and Interview; Promotion; Publication of Standards - Section 83. (a) Each applicant for initial appointment as a...

Section 85 - Powers and Duties of Probation Officers - Section 85. Each person who receives an appointment as a...

Section 85a - Probation Officers of the Probate Court; Support and Maintenance Enforcement - Section 85A. In addition to other duties, a probation officer...

Section 85b - Probation Officers of the Probate Court; Collection of Delinquent Payments Due Under Order of the Court; Recommendations to the Court - Section 85B. Said probation officer shall have full power, by...

Section 87 - Placing Certain Persons in Care of Probation Officer - Section 87. The superior court, any district court and any...

Section 87a - Conditions of Probation; Probation Fees - Section 87A. The conditions of probation imposed by a court...

Section 87b - Compliance Credits Earned by Eligible Offender; Accrual; Revocation; Calculation of Supervision Termination Date - [Text of section applicable as provided by 2018, 72, Sec....

Section 88 - Clerical Assistance - Section 88. Every court appointing probation officers may employ such...

Section 89 - Temporary Probation Officers - Section 89. The superior court or the justice of a...

Section 89a - Counsellors to Juvenile Offenders - Section 89A. The superior court or the justice of a...

Section 89b - Probation Officers Appointed to Exclusively Supervise Young Adults; Selection; Training - Section 89B. Probation officers appointed under subsection (f) of section...

Section 90 - Powers of Probation Officers; Reports; Records; Inspection - Section 90. A probation officer shall not be an active...

Section 91 - Power of Probation Officers Appointed by Boston Juvenile Court to Serve Process - Section 91. Probation officers appointed by the Boston juvenile court...

Section 92 - Restitution or Reparation to Injured Person Through Probation Officer - Section 92. If a person is placed on probation upon...

Section 92a - Restitution in Cases Involving Motor Vehicle Theft or Fraudulent Claims - Section 92A. A person found guilty of violating the provisions...

Section 93 - Payment to Treasurer of Unclaimed Money Collected by Probation Officer - Section 93. Except as provided by section one of chapter...

Section 94 - Expenses of Probation Officers - Section 94. The reasonable expenses, including supplies and equipment, incurred...

Section 95 - Temporary Support or Transportation of Probationers - Section 95. The superior courts or the Boston, Springfield, Bristol...

Section 96 - Penalty for Refusal or Neglect of Duties by Probation Officer - Section 96. Any probation officer who refuses or neglects to...

Section 97 - Interference With Duties of Department of Youth Services - Section 97. Sections eighty-three to ninety-six, inclusive, shall not authorize...

Section 98 - Office of Probation; Commissioner of Probation - Section 98. There shall be an office of probation which...

Section 98a - Advisory Board to Commissioner of Probation and Court Administrator - Section 98A. There shall be a board to advise the...

Section 99 - Powers and Duties of Commissioner of Probation - Section 99. The commissioner shall have executive control and supervision...

Section 99b - Probation Officers; Compensation - Section 99B. (1) In those courts or regions having fewer...

Section 99e - Indigency; Interagency Service Agreements; Income Data Verification - Section 99E. (a) The commissioner of probation shall enter into...

Section 99f - Performance Measurement System for the Office of Probation and Private Organizations Under Contract With the Commonwealth - Section 99F. (a) The commissioner of probation shall establish a...

Section 99g - Pretrial Services Initiative; Supervisor of Pretrial Services; Duties; Staff; Reports - Section 99G. (a) There shall be in the office of...

Section 100 - Detailed Reports of Probation Work; Records; Accessibility of Information - Section 100. Every probation officer, or the chief or senior...

Section 100a - Requests to Seal Files; Conditions; Application of Section; Effect of Sealing of Records - Section 100A. Any person having a record of criminal court...

Section 100b - Requests to Seal Delinquency Files or Records; Conditions; Sealing by Commissioner; Notice for Compliance; Effect of Sealing; Limited Disclosure - Section 100B. Any person having a record of entries of...

Section 100c - Sealing of Records or Files in Certain Criminal Cases; Effect Upon Employment Reports; Enforcement - Section 100C. In any criminal case wherein the defendant has...

Section 100d - Availability of Sealed Criminal Record Information - Section 100D. Notwithstanding any provision of section 100A, 100B, or...

Section 100e - Definitions Applicable to Secs. 100e Through 100u - Section 100E. As used in sections 100E through 100U, the...

Section 100f - Petition for Expungement of Record as Adjudicated Delinquent or Youthful Offender - Section 100F. (a) A petitioner who has a record as...

Section 100g - Petition for Expungement of Record of Conviction - Section 100G. (a) A petitioner who has a record of...

Section 100h - Petition for Expungement of Record Without Adjudication as Delinquent or Youthful Offender or Conviction - Section 100H. (a) A petitioner who has a record that...

Section 100i - Certification of Eligibility for Expungement - Section 100I. (a) The commissioner shall certify that a record...

Section 100j - Offenses Excluded From Eligibility of Record for Expungement - Section 100J. (a) No criminal record resulting from a disposition...

Section 100k - Expungement of Record Resulting From False Identification, an Offense No Longer a Crime at Time of Expungement, Error or Fraud - Section 100K. (a) Notwithstanding the requirements of section 100I and...

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 100L. (a) Upon receipt of an order by a...

Section 100m - Failure to Acknowledge Expunged Record as Basis for Perjury or False Statement - Section 100M. No person whose record was expunged pursuant to...

Section 100n - Employment Applications and Trade or Professional Licensures; Effect of Expunged Records - Section 100N. (a) A record expunged pursuant to section 100F,...

Section 100o - Petitions for Expungement and Related Records Excluded as Public Records - Section 100O. A petition for an expungement, any records related...

Section 100p - Exclusion of General Public From Proceedings Relating to Petition for Expungement - Section 100P. The court shall exclude the general public from...

Section 100q - Sealed or Expunged Records Not to Be Available for Inspection - Section 100Q. No person shall make records sealed pursuant to...

Section 100r - Waiver of Right to Expunge as Condition of Plea Deal - Section 100R. It shall be a violation of public policy...

Section 100s - Negligence Claims; Employers and Landlords Presumed to Have No Notice of Seal, Expunged or Otherwise Protected Records - Section 100S. In a claim for negligence, an employer or...

Section 100t - Notice of Sealed and Expunged Records to Federal Bureau of Investigation and United States Department of Justice - Section 100T. Upon sealing a record pursuant to section 100A...

Section 100u - Administration and Enforcement of Secs. 100e to 100t - Section 100U. The court, the office and the department may...

Section 101 - Annual Report of Commissioner to General Court - Section 101. The commissioner of probation shall make an annual...

Section 101a - Establishment of Uniform Forms of Blanks and Records for Use in District Court Probation Offices - Section 101A. The commissioner of probation shall establish uniform forms...

Section 102 - Effect of Secs. 98 to 101a on Authority of Courts - Section 102. Sections ninety-eight to one hundred and one A,...

Section 103 - Notice to Commissioner of Appointment, Removal, etc., of Probation Officer - Section 103. Upon the appointment, removal, retirement, resignation, death, or...

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Massachusetts General Laws 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

Massachusetts General Laws
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