Guideline 8:08
In criminal cases involving violations of c. 258E orders, reasonable efforts must be made to notify the named victim when the defendant is released from custody. G.L. c. 258E, § 8. If the defendant is released from custody, “the court… shall use all reasonable means to notify the victim immediately of release from custody. The victim shall be provided, at no cost, with a certified copy of the no-contact or stay-away order.” G.L. c. 258E, § 8, last par. See Guideline 8:05 Bail Procedures: In-Court.
Commentary
The judge’s responsibility pursuant to G.L. c. 258E, § 8, to see that a reasonable effort is made to inform the named victim of a defendant’s in-court release, does not depend on whether the named victim is in court or not. It is appropriate for a judge to instruct the police, prosecutor, or victim witness advocate to attempt to contact the named victim. In the alternative, the judge can request a probation officer or a staff member of the clerk’s office to make such contact. In either case, such request should be made on the record. When a defendant posts bail with the clerk during court hours, the clerk should instruct the police, prosecutor, or a victim witness advocate to attempt to contact the named victim to inform the named victim of such release prior to or at the time of said release. G.L. c. 258E, § 8. Individual courts should develop a procedure, appropriate to the size and resources of the court, to ensure this requirement is met.
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| Last updated: | October 20, 2025 |
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