Section 145. (a) A court shall not commit a person to a correctional facility solely for non-payment of money owed if such person has established, by a preponderance of the evidence, that the person is unable to pay the fine without causing substantial financial hardship to the person or their immediate family or dependents. A court shall determine whether the payment of a fine would cause such substantial financial hardship after a hearing and, in making such determination, shall consider the person's employment status, income, financial resources, living expenses, number of dependents and any special circumstances that may affect a person's ability to pay.
(b) A court shall not commit a person to a correctional facility for non-payment of money owed if such a person is not represented by counsel for the commitment proceeding, unless such person has waived counsel. A person deemed indigent for the purpose of being offered counsel and who is assigned counsel for the commitment portion of a proceeding solely for the nonpayment of money owed shall not be assessed a fee for such counsel.
(c) Courts may consider alternatives to incarceration before committing a person to a prison or place of confinement solely for non-payment of a fine or a fine and expenses.
(d) If a court determines that the payment of a fine would cause a substantial financial hardship pursuant to subsection (a), the court may impose an alternative to a fine or sentence to a correctional facility including, without limitation, community service.
(e) A justice of the trial court shall not commit a person who has not reached 18 years of age to a prison, place of confinement or the department of youth services solely for the non-payment of money.
(f) A person confined to a correctional facility for non-payment of money owed may petition the court for discharge from the correctional facility for an inability to pay the money owed due to a substantial financial hardship. If, after a hearing pursuant to subsection (a), the court determines that the person is not able to pay the money owed without causing a substantial financial hardship to the person, or the person's immediate family or dependents, the court shall discharge the person from the correctional facility. No filing fee shall be charged for the filing of the petition.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XVIII - Prisons, Imprisonment, Paroles and Pardons
Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons
Section 1a - County Correctional Facilities; Minimum Standards; Financial or Other Assistance
Section 2 - Duty of Superintendents to Keep Records
Section 5 - Calendar of Prisoners; Contents
Section 6 - Service of Process in Penal or Reformatory Institutions
Section 7 - Warrants, Mittimuses and Processes; Contents; Filing
Section 8 - Prison Books; Contents; Accessibility
Section 9 - Invoice Books; Contents
Section 10 - Annual Report to Commissioner of Correction
Section 12 - Removal of Unfaithful or Incompetent Officers or Employees
Section 13 - Removal of Incompetent Jailers or Keepers of Houses of Correction
Section 14 - Removal of Officers Using Intoxicating Liquor to Excess
Section 16a - Reimbursement of Medical Expenses by Persons Incarcerated in Pre-Release Facilities
Section 17 - Specifications Governing Physical Examinations; Records; Statements
Section 18 - Failure to Comply With Secs. 16 and 17; Penalty
Section 19 - Physical Training of Prisoners; Director
Section 20 - Reception Center; Classification of Prisoners; Approval
Section 20a - Prisoner Classification Board
Section 21 - Classification of Prisoners in Jails and Houses of Correction; Approval
Section 22 - Separation of Prisoners
Section 23 - Identification of Prisoners
Section 25 - Fugitives From Justice
Section 27 - District Attorney to Furnish Criminal History
Section 28 - Descriptions, Fingerprints and Criminal History; Records
Section 29 - Publication of Records; Exhibition of Records
Section 30 - Compensation to Officers; Reimbursement
Section 32 - Treatment of Prisoners
Section 33 - Maintenance of Order in Institutions; Enforcement of Obedience
Section 36 - Visits to Jails or Correctional Institutions; Permission
Section 36a - Conferences With Attorneys
Section 36b - Conferences With Clergy Members
Section 36c - In-Person Visitation of Inmates
Section 37 - Record of Visitors
Section 38a - Holding Officers and Employees as Hostages
Section 38b - Assaults Upon Guards; Bodily Substances; Penalty
Section 38c - Felonies in Correctional Institutions; Notice to District Attorney
Section 38e - Inmate Complaints; Grievance System; Grievance Resolution
Section 38h - Judicial Review of Final Decision on Grievance
Section 39b - Restrictive Housing; Placement Reviews
Section 39e - Restrictive Housing; Access to Vocational, Educational and Rehabilitative Programs
Section 39g - Restrictive Housing; Restrictive Housing Oversight Committee
Section 39h - Restrictive Housing; Promulgation of Regulations Implementing Secs. 39 to 39h
Section 48a - System of Compensation; Graduated Scale; Credits; Appropriations
Section 52 - Supervisors and Instructors; Authority; Removal
Section 53 - Production of Articles by Prisoners
Section 55 - List of Styles, Designs and Qualities of Articles; Arbitration of Differences
Section 56 - Annual Estimates of Articles and Materials Needed in Public Offices
Section 58 - Prices of Prison-Made Articles
Section 60 - Noncompliance With Sections Relative to Purchase of Articles
Section 61 - Establishment of Industries
Section 66 - Purchase of Tools and Materials for Correctional Institutions; Approval
Section 66a - Purchase of Tools and Materials for Jails and Houses of Correction; Approval
Section 67 - Sale of Prison-Made Goods; Proceeds
Section 68 - Appointment of Selling Agents; Removal
Section 69 - Report Relative to Labor of Prisoners
Section 71 - Receipts From Sale of Products, Services, or Labor of Committed Offenders; Disposition
Section 72 - Payment of Salaries and Bills for Tools, Machinery and Materials; Schedules
Section 73 - Suits on Contracts by and Against Principal Officers; Arbitration
Section 83 - Outdoor Labor of Inmates
Section 83a - Establishment of Camp for Male Prisoners for Reforestation; Approval; Hearing.
Section 83b - Removal of Prisoners to Camp; Permit to Be at Liberty; Escape
Section 83c - Escapes From Prison Camp
Section 83d - Director of Prison Camps; Offices and Positions; Appointments; Duties
Section 84 - Purchases or Lease of Land for Improvement by Prison Labor; Payment to County
Section 86f - Work Release Programs
Section 86g - Work Release Programs; Suffolk County
Section 86h - Public Speaking Engagements; Inmates of State Correctional Facilities
Section 86i - Public Speaking Engagements; Inmates of County Correctional Facilities
Section 87 - Correspondence of Inmates
Section 88 - Religious Services
Section 89 - Maintenance of Sabbath Schools and Schools for Instruction
Section 90 - Appropriations for Religious Instruction and Services
Section 90a - Temporary Release of Committed Offenders
Section 92 - Instruction in Jails and Houses of Correction
Section 92a - General Education Development Tests; Age Requirement; No Fee
Section 93 - Appropriations for Moral and Religious Instruction in Jails and Houses of Correction
Section 94 - Light for Reading
Section 96a - Disposition of Unclaimed Money of Former Prisoners; Claim
Section 96b - Disposition of Unclaimed Property of Former Prisoners; Sale; Proceeds
Section 97 - Transfers From and to Correctional Institutions; Approval
Section 97a - Transfer of State Prisoners to Federal Institutions; Reciprocal Agreements
Section 97b - Treaties; Transfer of Prisoners to Other Countries
Section 111a - Removal of Defective Delinquents
Section 113 - Removal of Prisoners Convicted and Sentenced by United States Court
Section 115 - Removal of Prisoners From One Jail to Another by Sheriff
Section 116 - Application of Original Sentence of Prisoner Removed or Returned
Section 117a - Temporary Placement of Prisoners in Hospital or Medical Facility
Section 118 - Pregnant and Postpartum Inmates; Standards of Care; Use of Restraints
Section 119 - Hospital Confinement as Term of Sentence
Section 120 - Order of Removal; Transfer of Mittimuses and Processes With Prisoner
Section 121 - Execution of Order of Removal
Section 123 - Expense of Removal
Section 125 - Expense of Support of Prisoner Transferred From One County to Another
Section 127 - Special State Police Officers; Powers and Duties
Section 128 - Issuance of Parole Permits
Section 129b - Confinement While Awaiting Trial; Reduction of Sentence
Section 129c - Confinement in Prison Camp; Deduction of Sentence for Good Conduct
Section 130a - Issuance of Certificate of Termination of Sentence
Section 131 - Giving of Parolee Written Copy of Terms and Conditions of Parole
Section 131a - Notice to State and Local Police of Terms and Conditions of Parole Permits
Section 133 - Granting of Parole Permits by Board; Eligibility and Requisites
Section 133c - Representation of Deceased Victims at Hearing by Family Members
Section 133d - Community Parole Supervision for Life
Section 133d1/2 - Global Positioning System Device to Be Worn by Certain Sex Offender Parolees
Section 142 - Permits to Be at Liberty or Discharge of Pregnant Females
Section 143 - Discharge of Common Nightwalker From House of Correction
Section 144 - Discharge of Prisoner Committed for Non-Payment of Fine
Section 145 - Confinement of Persons for Non-Payment of Money Owed
Section 146 - Report of Confinement of Poor Prisoners; Discharge; Guardianship
Section 148 - Revocation of Permit to Be at Liberty
Section 149a - Temporary Custody of Parolees; Warrant
Section 150 - Expiration of Term on Saturday, Sunday or Legal Holiday
Section 151a - Compacts With Other States Relative to the Supervision of Adult Offenders; Purpose
Section 151e - Interstate Commission; Powers and Duties
Section 151g - Actions Taken by Interstate Commission; Meetings; Voting; Records
Section 151h - Rulemaking; Authority and Procedure
Section 151i - Enforcement; Dispute Resolution
Section 151j - Payment of Expenses; Annual Assessment
Section 151l - Withdrawal by Compacting State; Default on Obligation or Responsibility Under Compact
Section 151m - Severability; Construction
Section 153 - Notification to Attorney General of Petition for Pardon of State Prisoner
Section 154 - Parole Board as Advisory Board of Pardons; Powers and Duties
Section 155 - Violation of Pardon; Arrest; Notice
Section 156 - Confinement for Unexpired Term; Computation of Confinement; Discharge
Section 157 - Execution of Warrant of Pardon; Return
Section 158 - Parole Board Agents; Duties
Section 160 - Expenditures for Assistance of Released Prisoners
Section 161 - Account of Expenditures by Parole Board Agents
Section 162 - Expenditure of Institutional Funds for Welfare of Released Prisoners
Section 162a - Arsonists or Violators of Secs. 102 to 102c of Chapter 266; Notice of Release
Section 163 - Annual Report of Agents for Aiding Discharged Prisoners
Section 164 - County Commissioners; Aid to Prisoners
Section 165 - Expenditures by Superintendent or Keeper of Jail in Aid of Discharged Prisoners
Section 168 - Violation of Sec. 166 or 167
Section 169 - Copy of Secs. 166 to 169; Printing on Petition for Pardon Forms