Section 1. When a person convicted before a court is sentenced to 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. When a person so convicted is sentenced to pay a fine and to stand committed until it is paid, the court may direct that the execution of the sentence, or any part thereof, be suspended for such time as it shall fix and in its discretion that he be placed on probation on condition that he pay the fine within such time. If the fine does not exceed two hundred dollars and the court finds that the defendant is unable to pay it when imposed, the execution of the sentence shall be suspended and he may in its discretion be placed on probation, unless the court shall find that he will probably default, or that such suspension will be detrimental to the interests of the public. If he is committed for nonpayment of a fine, the order of commitment shall contain a recital of the findings of the court on which suspension is refused. The fine shall be paid in one payment, or in part payments, to the probation officer, and when fully paid the order of commitment shall be void. 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 sheriff if such fine is imposed in the superior court, or to the clerk of the court if such fine is imposed in the district court, at the end of the period of probation or any extension thereof, and shall keep on file the sheriff's or 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.
The provisions of this section shall not permit the suspension of the execution of the sentence of a person convicted of a crime punishable by death or imprisonment for life. 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.
When a person is sentenced by a court upon conviction of any crime, he shall be informed by the probation department on a form provided by the department of criminal justice information services that he will have a criminal record that may be accessible to the public under certain conditions, and of his rights pertaining thereto, as provided in sections one hundred and sixty-seven through one hundred and seventy-eight of chapter six.
When a person is sentenced to pay a fine of any amount or is assessed fines, fees, costs, civil penalties or other expenses at disposition of a case, the court shall inform that person that: (i) nonpayment of the fines, fees, costs, civil penalties or expenses may result in commitment to a correctional facility; (ii) payment must be made by a date certain; (iii) failure to appear at such date certain or failure to make the payment may result in the issuance of a default; and (iv) if an inability to pay exists as the result of a change in financial circumstances or for any other reason, the person has a right to address the court if the person alleges that such assessed fines, fees, costs, civil penalties or other expenses would cause a substantial financial hardship to the person, the person's immediate family or the person's dependents.
Structure 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 2 - Suspension of Execution of Orders of Commitment to Massachusetts Reformatory, Etc.
Section 3a - Motion of District Attorney for Sentence
Section 4 - Imposition of Sentence; Stay of Execution
Section 4b - Notice to Victim of Sentencing Proceedings; Oral or Written Statements
Section 5 - Sentence if No Punishment Is Provided by Statute
Section 6 - Sentence to Jail or House of Correction
Section 7 - Sentence to Jail or House of Correction for Non-Payment of Fine
Section 8 - Commitments Upon Two or More Sentences
Section 8a - Determination of Time of Taking Effect of Sentence; ''from and After'' Sentence
Section 8b - Commission of Crime While Released on Personal Recognizance; Consecutive Sentence
Section 9 - Second Sentence for Non-Payment of Fine
Section 10 - Conditional Sentence
Section 11 - Punishment by Imprisonment Only or by Fine Only When Law Prescribes Both
Section 12 - Recognizance of Husband Convicted of Assault Upon Wife
Section 13 - Recognizance to Keep the Peace or to Be of Good Behavior
Section 14 - Recognizance; Filing; Proceedings on Breach of Condition
Section 15 - Sentence to Jail or House of Correction in Any County
Section 16 - Sentencing of Female to Massachusetts Correctional Institution, Framingham
Section 19 - Place of Imprisonment of Females Convicted of Felony
Section 20 - Execution of Sentence of Imprisonment of Females Sentenced to Confinement at Hard Labor
Section 23 - Limitation of Sentences of Males to Jails or Houses of Correction
Section 25 - Punishment of Habitual Criminals
Section 26 - Further Sentence of Convict in State Prison
Section 30 - Vacation of Office From Time of Sentence to State Prison
Section 33a - Credit for Days of Confinement Awaiting and During Trial
Section 35 - Transmission of Complaint or Indictment to Correctional Institution
Section 36 - Sentences to State Farm
Section 37 - Setting Out Statutory Name of Crime in Warrant for Commitment
Section 38 - Powers of Sheriff or Constable in Execution of Warrant of Commitment
Section 39 - Return of Precept to Magistrate
Section 40 - Service of New Warrant of Commitment Upon Convict
Section 41 - Default of Corporation
Section 42 - Warrant of Distress to Compel Payment of Penalty or Assessment
Section 59 - Execution of Death Sentence; Time Constraints
Section 60 - Means of Execution of Death Sentence
Section 61 - Capital Crime Conviction; Imposition of Sentence; Insane and Pregnant Persons
Section 63 - Delay in Execution of Death Sentence; Consideration of Pardon
Section 64 - Judicial Stay of Execution of Death Sentence; Final Determination of Judicial Questions
Section 65 - Witnesses; Execution of Death Sentence
Section 66 - Execution of Death Sentence; Post Mortem Examination
Section 67 - Warrant for Execution of Death Sentence; Return to Clerk of Court After Execution
Section 69 - Aggravating and Mitigating Circumstances in Death Penalty Cases
Section 70 - Death Penalty Imposed; Jury Findings Necessary
Section 71 - Review of Death Sentence; Remand; Reversal; Affirmation