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Massachusetts General Laws

Chapter 276

Mass. Gen. Laws ch. 276

Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation

1Complaint for issuance of search warrant; warrant for designated property or articles; search incident to arrest; documentary evidence subject to privilege 1ASearch warrants for articles belonging to subversive organizations 1BSearch warrants for records possessed by foreign corporations providing electronic communication or remote computing services 2Requisites of warrant 2AForm of warrant 2BAffidavit in support of application for search warrant; contents and form 2CManner of issuing search warrants; application of Secs. 2, 2A and 2B 2DNo-knock warrants; criteria; execution of search warrants at a residence; remedy for violations 3Seizure, custody and disposition of articles; exceptions 3ATime for return of search warrant 4Notice before forfeiture of property seized under search warrant 5Service of notice 6Postponement of trial; further notice 7Sale or destruction of property seized; disposition of proceeds 8Appeal from decree of forfeiture; recognizance; jury trial; conformity to criminal cases; disposition of articles 9Rewards offered by governor; determination of claims 10Rewards offered by aldermen, selectmen or mayor; determination of claims 10AAuthority of officer of another state to arrest felon 10BProceedings after arrest made in commonwealth by an officer of another state 10CPartial invalidity 10DUniform extraterritorial arrest on fresh pursuit; short title; uniform construction 11Definitions applicable to Secs. 11 to 20R 12Arrest and delivery of accused to executives of another state; governor's authority 13Surrendering accused not in demanding state at time of crime or leaving demanding state involuntarily 14Written demand; allegations; accompanying papers; charge of crime; authentication of copies of papers 15Investigation of demand and report to governor 16Governor's warrant of arrest; recital of facts 17Arrest and delivery of accused; commanding aid 18Authority to command assistance; penalties for refusal 19Rights of arrested person; habeas corpus; notice; penalty 20Confinement of accused; expense; evidence of transportation to demanding state; new requisition 20AWarrant to apprehend on oath or affidavit; copies of papers attached 20BArrest without warrant; taking accused before court or justice; complaint 20CCommitment to permit arrest under warrant of governor on requisition 20DBail 20EDischarge; recommitment; bail 20FForfeiture of bail 20GProsecution pending in commonwealth 20HInquiry into guilt or innocence 20IRecall of warrant or issuance of another 20JWaiver of warrant and procedure, etc.20KWarrant to receive accused and convey him to proper county; proceedings pending in another state 20LApplication for requisition 20MPayment of agent's expenses 20NService of process in civil action on accused; immunity 20OTrying for other crimes; immunity 20PWaiver by commonwealth 20QSeverability 20RUniform criminal interstate rendition law; short title; uniform construction 21Warrants to arrest; issuance of process for apprehension of persons charged with crime by certain justices 22Warrants, procedure for issuance 23Service of warrants and other processes 23AWarrant management system 23BAnnual list of persons registered with licensing authorities; department of criminal justice information services; outstanding warrants; notification of license suspension; hearing 24Summons instead of warrant 25Summons fixing time for trial; service 26Failure to appear and abide orders as contempt 27Recognizance 28Arrest without warrant 29Outstanding warrant check prior to release on bail or recognizance 30Recall of default warrant; arrest 31Default warrants issued due to failure to pay fines, assessments, court costs, restitution, support payments, etc. to be noted in warrant management system 32Payment of fine, assessment, costs, restitution, support payment, etc.; release from custody 33Examination of arrested persons for injuries; reports; penalty 33AUse of telephone in places of detention 34Repealed, 1979, 344, Sec. 23Repealed 35Adjournments of examinations and trials 36Failure to appear; default on recognizance; subsequent proceedings 37Failure to recognize; subsequent proceedings 37AAssignment of counsel 38Examination; assistance of counsel; waiver of indictment 39Repealed, 1979, 344, Sec. 25Repealed 40Testimony reduced to writing; signing by witnesses 41Discharge of prisoner 42Bail or commitment 42ABail or personal recognizance; terms and conditions to protect persons suffering physical abuse 43Conveying prisoner through another county 44Fees and expenses in district court in record sent to superior court 45Witnesses bound by recognizance 46Witnesses bound by recognizance on adjournment 47Sureties with recognizance 48Recognizances for minor witnesses 49Commitment of witnesses; discharge upon recognizance 50Repealed, 1979, 344, Sec. 25Repealed 51Release of committed witnesses; proceedings 52Rules regulating treatment of committed witnesses; removal to another county 52ARemoval of accused person to another county or to a correctional institution; return; proceedings; costs 53Transporting male and female prisoners 54Handcuffing committed witnesses to accused persons; transporting together 55Discharge upon acknowledgment of satisfaction for injury 56Filing of order; delivery to jail keeper; discharge as bar to civil action 56AAbuse 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 violence record keeping system 57Bail; officials authorized to admit to bail; amount of bail; security 58Release on personal recognizance or unsecured appearance bond; determination; fees; refusal; petition for review 58AConditions for release of persons accused of certain offenses involving physical force or abuse; hearing; order; review 58BRevocation of release and detention order following violation of release conditions 59Repealed, 2018, 69, Sec. 177Repealed 60Bail in Suffolk county; proceedings 61Bail taken out of court; certificate or recognizance and deposit by surety; presence of persons; monthly statements by person taking bail 61ARepealed, 2018, 69, Sec. 178Repealed 61BCompensation for acting as surety prohibited 62Notice to district attorney of application to accept bail in Suffolk county 63Compensation for taking bail 64Admission to bail on Sunday 65Condition of recognizance 66Return of recognizance and examination taken by magistrate; order compelling; contempt 67Repealed, 1994, 247, Sec. 5Repealed 68Surrender of principal; notice; exoneration of bail; return of deposits; subsequent bail 69Surrender of principal after default; remission of penalty 70Inability to surrender principal; exoneration of bail 71Default on recognizance 72Surety paying amount for which bound; costs 73Award of portion of penalty to person entitled to forfeiture 74Judgment for whole or part of penalty 75Neglect, omissions or defects as defeating action 76Review and rehearing of case after judgment on recognizance 77Service of notice and copy of petition; return day 78Proceedings if former judgment diminished, etc.; costs 79Personal recognizance and deposit instead of sureties for release from custody 80Forfeiture of deposit on default; sale of bonds; collection on bank books; payments to state treasurer 81Defendant surrendering self; return of deposit 82Magistrates authorized to admit prisoners to bail 82AFailure to appear in court after release on bail or recognizance; penalty 83Probation officers; applicants for appointment as a probation officer; examination; investigation and interview; promotion; publication of standards 83ARepealed, 1992, 379, Sec. 189Repealed 83B to 83FRepealed, 1949, 783, Sec. 2Repealed 84Repealed, 1977, 97Repealed 85Powers and duties of probation officers 85AProbation officers of the probate court; support and maintenance enforcement 85BProbation officers of the probate court; collection of delinquent payments due under order of the court; recommendations to the court 86Repealed, 2011, 93, Sec. 121Repealed 87Placing certain persons in care of probation officer 87AConditions of probation 87BCompliance credits earned by eligible offender; accrual; revocation; calculation of supervision termination date 88Clerical assistance 89Temporary probation officers 89ACounsellors to juvenile offenders 89BProbation officers appointed to exclusively supervise young adults; selection; training 90Powers of probation officers; reports; records; inspection 91Power of probation officers appointed by Boston juvenile court to serve process 92Restitution or reparation to injured person through probation officer 92ARestitution in cases involving motor vehicle theft or fraudulent claims 93Payment to treasurer of unclaimed money collected by probation officer 94Expenses of probation officers 95Temporary support or transportation of probationers 96Penalty for refusal or neglect of duties by probation officer 97Interference with duties of department of youth services 98Office of probation; commissioner of probation 98AAdvisory board to commissioner of probation and court administrator 99Powers and duties of commissioner of probation 99ARepealed, 1992, 379, Sec. 192Repealed 99BProbation officers; compensation 99CRepealed, 1978, 478, Sec. 296Repealed 99DRepealed, 1986, 520, Sec. 3Repealed 99EIndigency; interagency service agreements; income data verification 99FPerformance measurement system for the office of probation and private organizations under contract with the commonwealth 99GPretrial services initiative; supervisor of pretrial services; duties; staff; reports 100Detailed reports of probation work; records; accessibility of information 100ARequests to seal files; conditions; application of section; effect of sealing of records 100BRequests to seal delinquency files or records; conditions; sealing by commissioner; notice for compliance; effect of sealing; limited disclosure 100CSealing of records or files in certain criminal cases; effect upon employment reports; enforcement 100DAvailability of sealed criminal record information 100EDefinitions applicable to Secs. 100E through 100U 100FPetition for expungement of record as adjudicated delinquent or youthful offender 100GPetition for expungement of record of conviction 100HPetition for expungement of record without adjudication as delinquent or youthful offender or conviction 100ICertification of eligibility for expungement 100JOffenses excluded from eligibility of record for expungement 100KExpungement of record resulting from false identification, an offense no longer a crime at time of expungement, error or fraud 100LDuty 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 100MFailure to acknowledge expunged record as basis for perjury or false statement 100NEmployment applications and trade or professional licensures; effect of expunged records 100OPetitions for expungement and related records excluded as public records 100PExclusion of general public from proceedings relating to petition for expungement 100QSealed or expunged records not to be available for inspection 100RWaiver of right to expunge as condition of plea deal 100SNegligence claims; employers and landlords presumed to have no notice of seal, expunged or otherwise protected records 100TNotice of sealed and expunged records to Federal Bureau of Investigation and United States Department of Justice 100UAdministration and enforcement of Secs. 100E to 100T 100K1/4Expungement of record resulting from certain possession or cultivation of marijuana offenses 101Annual report of commissioner to general court 101AEstablishment of uniform forms of blanks and records for use in district court probation offices 102Effect of Secs. 98 to 101A on authority of courts 103Notice to commissioner of appointment, removal, etc., of probation officer