Administrative Regulation  Time standards for matters where a defendant has been detained pursuant to G.L. c. 276, § 58A

Date:	06/15/2026
Organization:	District Court Department of the Trial Court
Referenced Sources:	G.L. c. 276, § 58A

District Court Administrative Regulation 26-1. Adopted June 10, 2026 and effective June 15, 2026.  

I. Overview & purpose

"The primary purpose of G.L. c. 276, § 58A is to 'protect the public from the potential harm posed by persons who have been arrested or are subject to arrest, who have been found dangerous.'" Finn v. Commonwealth, 482 Mass. 817, 820 (2019), quoting Commonwealth v. Diggs, 475 Mass. 79, 84 (2016). The statute permits detaining persons who have been accused of certain crimes on dangerousness grounds to protect public safety until trial. Commonwealth v. G.F., 479 Mass. 180, 198 (2018). Preventative detention, like that contemplated by § 58A, puts a defendant's liberty at stake, triggers due process rights, and "is constitutional precisely because it is 'temporary and provisional' and the 'trial itself provides an inevitable end point to the State’s preventative authority.'" Mushwaalakbar v. Commonwealth, 487 Mass. 627, 632 (2021), quoting Mendonza v. Commonwealth, 423 Mass. 771, 781 (1996). Accordingly, Section 58A expressly provides that "[a] person detained under this subsection shall be brought to a trial as soon as reasonably possible," and no later than 120 days absent good cause or excludable time under Mass. R. Crim. P. 36.

The purpose of this administrative regulation is to set the expectation that when a defendant is detained pursuant to G.L. c. 276, § 58A, the defendant will be brought to trial on or before the expiration of the time set forth in the statute.

II. General principles

Defendants detained pursuant to G.L. c. 276, § 58A(3) have a right to be brought to trial as soon as reasonably possible. In the absence of good cause, the period of pretrial detention shall not be greater than 120 days in the District Court, less excludable time under Mass. R. Crim. P. 36. Id. If a defendant is not brought to trial within the statutory timeframe, the defendant cannot continue to be held under 58A and a bail hearing must be held at which a cash bail or conditions may only be set if authorized to do so under the bail statutes. Section 58A expressly precludes "imposing a financial condition that results in pretrial detention in order to assure the safety of other persons."

Accordingly, when the Commonwealth moves to detain a defendant under 58A, the Commonwealth bears the responsibility of prioritizing such cases to ensure trial readiness as contemplated by the statute.

III. G.L. c. 276, § 58A Time standards

When the Commonwealth files a motion for pretrial dentation pursuant to G.L. c. 276, § 58A at arraignment, and the judge determines that the defendant is charged with a predicate offense, a 58A hearing shall be held immediately, upon the defendant's first appearance in court, unless the court finds good cause to allow a request for a continuance: up to 7 days on request of the defendant, up to 3 days on request of the Commonwealth. The 120-days begin to run when the defendant is first detained, regardless of when an order of formal detention has issued. See Commonwealth v. Lougee, 485 Mass. 70-79-80 (2020); Velazquez v. Commonwealth, 491 Mass. 279, 283 (2023).

When considering the Commonwealth's request for a continuance of the 58A hearing, the relevant inquiry is "whether it needs time to bring a witness before the court or gather the evidence necessary to make a clear and convincing showing of dangerousness." Commonwealth v. Lester L., 445 Mass. 250, 259 (2005). "Good cause not only means that there is good reason for the Commonwealth not to be prepared at arraignment to go forward with its motion to detain; the Commonwealth must at least present a proffer to the judge that indicates a likelihood of satisfying the significant burden necessary to preventatively detain an individual presumed innocent of the crime charged." Vega v. Commonwealth, 490 Mass. 226, 236 n.13 (2022). "The judge should then make a specific finding that such cause has been shown and what such cause is." Mendonza v. Commonwealth, 423 Mass. 771, 792 (1996).

After the 58A hearing, if the judge finds that the Commonwealth has met its burden by clear and convincing evidence that there are no conditions of release that would assure the safety of the alleged victim and/or community, the judge shall order the detention of the defendant pending trial. Because discovery is often turned over in preparation for the 58A hearing, judges should begin to address discovery issues under Mass. R. Crim. P. 14 and 17 at the conclusion of the hearing.

Because the 120-day time period begins to run at the time the defendant is detained, if an order of detention issues after the full 58A hearing, the court should then set a presumptive schedule for all future events as follows:

• pretrial hearing date no later than 30 days after arraignment, and shorter than 30 days if possible;
• out-of-court compliance and election date for 45 days after arraignment hearing and an in-court compliance and election date for no later than 60 days after arraignment;
• a trial date for 120 days after the arraignment.

IV. Continuances of presumptive trial dates

"[A] continuance shall be granted only when based upon cause and only when necessary to insure that the interests of justice are served." Mass. R. Crim. P. 10(a)(1). Any time after setting the presumptive trial schedule that a judge grants a continuance or otherwise deviates from the presumptive trial schedule, the judge shall put on the record whether the time is excludable either because of good cause or under Mass. R. Crim P. 36. The judge is responsible for determining the amount of any excludable time and providing that information to the clerk for docketing purposes. If there is excludable time, the court may recalculate presumptive dates, adjusted by the time excluded pursuant to good cause or under Mass. R. Crim. P. 36, and amend the dates for future events if needed. When presented with a request to continue a motion date, judges must consider that motions must be heard and decided at least 30 days prior to the presumptive trial date. See Mass. R. Crim. P. 15(e) (a defendant may not be placed in jeopardy until the time for filing an interlocutory appeal has expired or been waived, which is generally thirty days from the date of entry of the order being appealed).

V. Reviewing presumptive trial schedule

At each court event, the judge is to review the presumptive trial schedule with the parties and determine if any adjustments need to be made due to good cause or excludable time under Mass. R. Crim P. 36.

VI. Applicability

This Regulation applies to all criminal matters for which the Commonwealth's G.L. c. 276, § 58A motion has been allowed and the defendant has been ordered detained pending trial. The principles of this Regulation are also applicable to cases where bail has been revoked as such cases should similarly be expedited for trial under the applicable time frames in G.L. c. 276, §§ 58 and 58B.