Section 58B. A person who has been released after a hearing pursuant to sections 42A, 58, 58A or 87 and who has violated a condition of his release, shall be subject to a revocation of release and an order of detention. The judicial officer shall enter an order of revocation and detention if after a hearing the judicial officer finds (1) that there is probable cause to believe that the person has committed a federal or state crime while on release, or clear and convincing evidence that the person has violated any other condition of release; and (2) the judicial officer finds that there are no conditions of release that will reasonably assure the person will not pose a danger to the safety of any other person or the community; or the person is unlikely to abide by any condition or combination of conditions of release.
If there is probable cause to believe that, while on release, the person committed a federal felony or an offense described in clause (1), a rebuttable presumption arises that no condition or combination of conditions will assure that the person will not pose a danger to the safety of any other person or the community. If the judicial officer finds that there are conditions of release that will assure that the person will not pose a danger to the safety of any other person or the community, and that the person will abide by such conditions, the judicial officer shall treat the person in accordance with the provisions of this section and may amend the conditions of release accordingly. Upon the person's first appearance before the judicial officer in the court which will conduct proceedings for revocation of an order of release under this section, the hearing concerning revocation shall be held immediately unless that person or the attorney for the commonwealth seeks a continuance. During a continuance the person shall be detained without bail unless the judicial officer finds that there are conditions of release that will reasonably assure that the person will not pose a danger to the safety of any other person or the community and that the person will abide by conditions of release. If the person is detained without bail, except for good cause, a continuance on motion of the person shall not exceed seven days, a continuance on motion of the attorney for the commonwealth or probation shall not exceed three business days. A person detained under this subsection, shall be brought to trial as soon as reasonably possible, but in the absence of good cause, a person so held shall not be detained for a period exceeding ninety days excluding any period of delay as defined in Massachusetts Rules of Criminal Procedure Rule 36(b)(2).
Structure Massachusetts General Laws
Part IV - Crimes, Punishments and Proceedings in Criminal Cases
Title II - Proceedings in Criminal Cases
Section 1a - Search Warrants for Articles Belonging to Subversive Organizations
Section 2 - Requisites 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 6 - Postponement of Trial; Further Notice
Section 7 - Sale or Destruction of Property Seized; Disposition of Proceeds
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 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 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 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 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 20r - Uniform Criminal Interstate Rendition Law; Short Title; Uniform Construction
Section 22 - Warrants, Procedure for Issuance
Section 23 - Service of Warrants and Other Processes
Section 23a - Warrant Management System
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 28 - Arrest Without Warrant
Section 29 - Outstanding Warrant Check Prior to Release on Bail or Recognizance
Section 30 - Recall of Default Warrant; Arrest
Section 33 - Examination of Arrested Persons for Injuries; Reports; Penalty
Section 33a - Use of Telephone in Places of Detention
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 40 - Testimony Reduced to Writing; Signing by Witnesses
Section 41 - Discharge of Prisoner
Section 42 - Bail or Commitment
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 51 - Release of Committed Witnesses; Proceedings
Section 52 - Rules Regulating Treatment of Committed Witnesses; Removal to Another County
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 58b - Revocation of Release and Detention Order Following Violation of Release Conditions
Section 60 - Bail in Suffolk County; Proceedings
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 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 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 85 - Powers and Duties of Probation Officers
Section 85a - Probation Officers of the Probate Court; Support and Maintenance Enforcement
Section 87 - Placing Certain Persons in Care of Probation Officer
Section 87a - Conditions of Probation; Probation Fees
Section 88 - Clerical Assistance
Section 89 - Temporary Probation Officers
Section 89a - Counsellors to Juvenile Offenders
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 99b - Probation Officers; Compensation
Section 99e - Indigency; Interagency Service Agreements; Income Data Verification
Section 99g - Pretrial Services Initiative; Supervisor of Pretrial Services; Duties; Staff; Reports
Section 100 - Detailed Reports of Probation Work; Records; Accessibility of Information
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 100i - Certification of Eligibility for Expungement
Section 100j - Offenses Excluded From Eligibility of Record for Expungement
Section 100m - Failure to Acknowledge Expunged Record as Basis for Perjury or False Statement
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 100u - Administration and Enforcement of Secs. 100e to 100t
Section 101 - Annual Report of Commissioner to General Court
Section 102 - Effect of Secs. 98 to 101a on Authority of Courts
Section 103 - Notice to Commissioner of Appointment, Removal, etc., of Probation Officer