BMC Standing Order
District/Municipal Court Rules Boston Municipal Court Standing Order 2-15: Conditions of release pursuant to rule 5(c) of the District/Municipal Courts rules for probation violation proceedings
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This Standing Order 2-15 is promulgated by the Chief Justice of the Boston Municipal Court Department pursuant to the provisions of G. L. c. 211B, § 10 and G. L. c. 218, § 51A , pursuant to the provisions of Rule 5 (c) of the District/Municipal Courts Rules for Probation Violation Proceedings approved by the Massachusetts Supreme Judicial Court effective September 8, 2015, and approved by the Chief Justice of the Trial Court pursuant to Trial Court Rule V.
II. Purpose and applicability
In order to advance uniformity and efficiency in the Massachusetts courts and better serve the public and the bar, the Boston Municipal Court and District Court Departments collaborated to develop joint rules for probation violation proceedings. The Supreme Judicial Court has approved the District/Municipal Courts Rules for Probation Violation Proceedings effective September 8, 2015, to supersede District Court Rules for Probation Violation Proceedings and Boston Municipal Court Standing Order 2-04.
Standing Order 2-15 shall incorporate by reference the 2015 District/Municipal Courts Rules for Probation Violation Proceedings, and, pursuant to Rule 5 (c), shall provide for the conditions of release within the Boston Municipal Court Department as described below.
III. Conditions of release
Rule 5 of the 2015 District/Municipal Courts Rules for Probation Violation Proceedings provides for a probation detention hearing to be conducted to determine whether a probationer shall be held in custody pending the conduct of a probation violation hearing. Pursuant to Rule 5 (c), following a judicial determination that (1) probable cause exists that a probationer has violated a condition of probation, and (2) that the probationer shall be released from custody pending the probation violation hearing, the court, in its discretion, may impose the following condition(s) of release:
(a) In its discretion, the court may order any condition(s) of release it deems necessary and appropriate to ensure the safety of a particular individual or the community, and/or the probationer’s presence at the probation violation proceeding.
(b) Monetary Condition. The court may condition the probationer’s release upon the deposit of a sum of money with the Clerk Magistrate. The amount of money deposited will either be returned after a disposition of the probation violation hearing, or may, upon order of the court, be forfeited in the event the probationer fails to appear at the probation violation hearing. A monetary condition of release shall not be considered bail under G. L. c. 276, § 58 .
IV. Additional provisions
A. Probation detention hearing finding and order form. All conditions of release, if any, must be specified in writing on the form prescribed by the departmental Chief Justice, and a copy shall be served in-hand to the probationer at the conclusion of the probation detention hearing.
B. Violation of condition of release. If a court or a probation officer has reasonable grounds to believe that a probationer has violated a condition of release, the court or probation officer may summons the probationer for a hearing or, if there is probable cause, the court may issue an arrest warrant. A probation officer, if there is probable cause, may arrest the probationer without a warrant. The court shall then hold a hearing as soon as practicable to determine whether there is probable cause to believe that the probationer has violated a condition of release.
C. Conditions of release imposed under Rule 5 (c) are not conditions of probation. A violation of a condition of release shall not itself be the basis for a finding of a violation of probation, although the judge may consider such violation of a condition of release in determining a proper disposition under Rules 8 (d) and 9 (b) of the 2015 District/Municipal Courts Rules for Probation Violation Proceedings.