Massachusetts General Laws
Chapter 279 - Judgment and Execution
Section 1 - Suspension of Execution; Payment of Fine; Probation; Revocation of Suspension; Exceptions

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

Massachusetts General Laws

Part IV - Crimes, Punishments and Proceedings in Criminal Cases

Title II - Proceedings in Criminal Cases

Chapter 279 - Judgment and Execution

Section 1 - Suspension of Execution; Payment of Fine; Probation; Revocation of Suspension; Exceptions

Section 1a - Suspension of Execution of Sentence; Probation; Child Support Payments

Section 1b - Funds Collection and Disbursement; Single Point for Clerk-Magistrate and Probation Offices

Section 2 - Suspension of Execution of Orders of Commitment to Massachusetts Reformatory, Etc.

Section 3 - Arrest Without Warrant of Person on Probation; Notice of Surrender; Surrender Hearing; Warrant for Arrest of Persons Already Imprisoned; Application for Disposition; Temporary Custody

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 6a - Special Sentence of Imprisonment; Eligible Offenders; Revocation or Rescission of Special Sentence; Subsequent Crimes

Section 6b - Consideration of Defendant's Status as Primary Caregiver of Dependent Child Before Imposing Sentence

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 24 - Indeterminate Sentence to State Prison; Determination of Sentence for Offender Aged Fourteen Through Seventeen

Section 25 - Punishment of Habitual Criminals

Section 26 - Further Sentence of Convict in State Prison

Section 27 - Immediate Execution of Sentence to State Prison of Convict Sentenced to Jail or House of Correction

Section 30 - Vacation of Office From Time of Sentence to State Prison

Section 33a - Credit for Days of Confinement Awaiting and During Trial

Section 34 - Delivery to Sheriff of Certified Transcript From Minutes of Court of Conviction and Sentence; Execution of Sentence

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 57 - Death Sentence; Pronouncement or Revocation of Stay; Warrant of Conviction; Execution of Sentence; Certified Copy of Record to Governor

Section 58 - Death Sentence Confinement; Psychiatric Examination; Transfer or Failure to Transfer to General Prison Population; Appeal; Hearing; Annual Record Review; Court Order

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 62 - Delay in Execution of Death Sentence; Insanity or Pregnancy of Prisoner; Psychiatric Examination and Written Certification

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 68 - Special Jury Questions for First Degree Murder; Presentence Hearing Upon Conviction for Consideration of Death Penalty; Consideration by Jury of Aggravating and Mitigating Circumstances; Determination by Jury; Sentence by Court; Validity...

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