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Mass. General Laws c.276

Search warrants, rewards, fugitives from justice, arrest, examination, commitment and bail, probation officers and Board of Probation

This page links to the current, accurate version of each section of G.L. c.276.

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Table of Contents

§ 1 Complaint for issuance of search warrant; warrant for designated property or articles; search incident to arrest; documentary evidence subject to privilege 
§ 1A Search warrants for articles belonging to subversive organizations 
§ 1B Search warrants for records possessed by foreign corporations providing electronic communication or remote computing services 
§ 2 Requisites of warrant 
§ 2A Form of warrant 
§ 2B Affidavit in support of application for search warrant; contents and form 
§ 2C Manner of issuing search warrants; application of Secs. 2, 2A and 2B 
§ 2D No-knock warrants; executing search warrants 

Added by St.2020, c.253, § 94, effective December 31, 2020

§ 3 Seizure, custody and disposition of articles; exceptions 
§ 3A Time for return of search warrant 
§ 4 Notice before forfeiture of property seized under search warrant 
§ 5 Service of notice 
§ 6 Postponement of trial; further notice 
§ 7 Sale or destruction of property seized; disposition of proceeds 
§ 8 Appeal from decree of forfeiture; recognizance; jury trial; conformity to criminal cases; disposition of articles 
§ 9 Rewards offered by governor; determination of claims 
§ 10 Rewards offered by aldermen, selectmen or mayor; determination of claims 
§ 10A Authority of officer of another state to arrest felon 
§ 10B Proceedings after arrest made in commonwealth by an officer of another state 
§ 10C Partial invalidity 
§ 10D Uniform extraterritorial arrest on fresh pursuit; short title; uniform construction 
§ 11 Definitions applicable to Secs. 11 to 20R 
§ 12 Arrest and delivery of accused to executives of another state; governor's authority 
§ 13 Surrendering accused not in demanding state at time of crime or leaving demanding state involuntarily 
§ 14 Written demand; allegations; accompanying papers; charge of crime; authentication of copies of papers 
§ 15 Investigation of demand and report to governor 
§ 16 Governor's warrant of arrest; recital of facts 
§ 17 Arrest and delivery of accused; commanding aid 
§ 18 Authority to command assistance; penalties for refusal 
§ 19 Rights of arrested person; habeas corpus; notice; penalty 
§ 20 Confinement of accused; expense; evidence of transportation to demanding state; new requisition 
§ 20A Warrant to apprehend on oath or affidavit; copies of papers attached 
§ 20B Arrest without warrant; taking accused before court or justice; complaint 
§ 20C Commitment to permit arrest under warrant of governor on requisition 
§ 20D Bail 
§ 20E Discharge; recommitment; bail 
§ 20F Forfeiture of bail 
§ 20G Prosecution pending in commonwealth 
§ 20H Inquiry into guilt or innocence 
§ 20I Recall of warrant or issuance of another 
§ 20J Waiver of warrant and procedure, etc. 
§ 20K Warrant to receive accused and convey him to proper county; proceedings pending in another state 
§ 20L Application for requisition 
§ 20M Payment of agent's expenses 
§ 20N Service of process in civil action on accused; immunity 
§ 20O Trying for other crimes; immunity 
§ 20P Waiver by commonwealth 
§ 20Q Severability 
§ 20R Uniform criminal interstate rendition law; short title; uniform construction 
§ 21 Warrants to arrest; issuance of process for apprehension of persons charged with crime by certain justices 
§ 22 Warrants, procedure for issuance 
§ 23 Service of warrants and other processes 
§ 23A Warrant management system 
§ 23B Annual list of persons registered with licensing authorities; department of criminal justice information services; outstanding warrants; notification of license suspension; hearing 
§ 24 Summons instead of warrant 
§ 25 Summons fixing time for trial; service 
§ 26 Failure to appear and abide orders as contempt 
§ 27 Recognizance 
§ 28 Arrest without warrant 
§ 29 Outstanding warrant check prior to release on bail or recognizance 
§ 30 Recall of default warrant; arrest 

Amended by St.2018, c. 69, §§ 163-164, effective April 13, 2018

§ 31 Default warrants issued due to failure to pay fines, assessments, court costs, restitution, support payments, etc. to be noted in warrant management system 

Amended by St.2018, c. 69, § 165, effective April 13, 2018

§ 32 Payment of fine, assessment, costs, restitution, support payment, etc.; release from custody 
§ 33 Examination of arrested persons for injuries; reports; penalty 
§ 33A Use of telephone in places of detention 
§ 35 Adjournments of examinations and trials 
§ 36 Failure to appear; default on recognizance; subsequent proceedings 
§ 37 Failure to recognize; subsequent proceedings 
§ 37A Assignment of counsel 
§ 38 Examination; assistance of counsel; waiver of indictment 
§ 40 Testimony reduced to writing; signing by witnesses 
§ 41 Discharge of prisoner 
§ 42 Bail or commitment 
§ 42A Bail or personal recognizance; terms and conditions to protect persons suffering physical abuse 
§ 43 Conveying prisoner through another county 
§ 44 Fees and expenses in district court in record sent to superior court 
§ 45 Witnesses bound by recognizance 
§ 46 Witnesses bound by recognizance on adjournment 
§ 47 Sureties with recognizance 
§ 48 Recognizances for minor witnesses 
§ 49 Commitment of witnesses; discharge upon recognizance 
§ 51 Release of committed witnesses; proceedings 
§ 52 Rules regulating treatment of committed witnesses; removal to another county 
§ 52A Removal of accused person to another county or to a correctional institution; return; proceedings; costs 
§ 53 Transporting male and female prisoners 
§ 54 Handcuffing committed witnesses to accused persons; transporting together 
§ 55 Discharge upon acknowledgment of satisfaction for injury 
§ 56 Filing of order; delivery to jail keeper; discharge as bar to civil action 
§ 56A Abuse 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 
§ 57 Bail; officials authorized to admit to bail; amount of bail; security 

Amended by St.2018, c. 69, §§ 166-169, effective July 12, 2018

§ 58 Release on personal recognizance or unsecured appearance bond; determination; fees; refusal; petition for review 

Amended by St.2018, c. 69, §§ 170-173, effective July 12, 2018

§ 58A Conditions for release of persons accused of certain offenses involving physical force or abuse; hearing; order; review 

Amended by St.2018, c. 219, § 30, effective November 7, 2018

§ 58B Revocation of release and detention order following violation of release conditions 
§ 60 Bail in Suffolk county; proceedings 
§ 61 Bail taken out of court; certificate or recognizance and deposit by surety; presence of persons; monthly statements by person taking bail 
§ 61B Compensation for acting as surety prohibited 

Amended by St.2018, c. 69, § 179, effective April 13, 2018

§ 62 Notice to district attorney of application to accept bail in Suffolk county 
§ 63 Compensation for taking bail 
§ 64 Admission to bail on Sunday 
§ 65 Condition of recognizance 
§ 66 Return of recognizance and examination taken by magistrate; order compelling; contempt 
§ 68 Surrender of principal; notice; exoneration of bail; return of deposits; subsequent bail 
§ 69 Surrender of principal after default; remission of penalty 
§ 70 Inability to surrender principal; exoneration of bail  
§ 71 Default on recognizance 
§ 72 Surety paying amount for which bound; costs 
§ 73 Award of portion of penalty to person entitled to forfeiture 
§ 74 Judgment for whole or part of penalty 
§ 75 Neglect, omissions or defects as defeating action 
§ 76 Review and rehearing of case after judgment on recognizance 
§ 77 Service of notice and copy of petition; return day 
§ 78 Proceedings if former judgment diminished, etc.; costs 
§ 79 Personal recognizance and deposit instead of sureties for release from custody 
§ 80 Forfeiture of deposit on default; sale of bonds; collection on bank books; payments to state treasurer 
§ 81 Defendant surrendering self; return of deposit 
§ 82 Magistrates authorized to admit prisoners to bail 
§ 82A Failure to appear in court after release on bail or recognizance; penalty 
§ 83 Probation officers; applicants for appointment as a probation officer; examination; investigation and interview; promotion; publication of standards 
§ 85 Powers and duties of probation officers 
§ 85A Probation officers of the probate court; support and maintenance enforcement 
§ 85B Probation officers of the probate court; collection of delinquent payments due under order of the court; recommendations to the court 
§ 87 Placing certain persons in care of probation officer 
§ 87A Conditions of probation; probation fees 

Amended by St.2018, c. 69, §§ 180-182, effective April 13, 2018

§ 87B Compliance credits earned by eligible offender; accrual; revocation; calculation of supervision termination date 

Added by St.2018, c. 72, § 15, effective January 13, 2019

§ 88 Clerical assistance 
§ 89 Temporary probation officers 
§ 89A Counsellors to juvenile offenders 
§ 89B Probation officers appointed to exclusively supervise young adults; selection; training 

Added by St.2018, c. 69, § 183, effective April 13, 2018

§ 90 Powers of probation officers; reports; records; inspection 
§ 91 Power of probation officers appointed by Boston juvenile court to serve process 
§ 92 Restitution or reparation to injured person through probation officer 
§ 92A Restitution in cases involving motor vehicle theft or fraudulent claims 

Amended by St.2018, c. 69, § 184, effective April 13, 2018

§ 93 Payment to treasurer of unclaimed money collected by probation officer 
§ 94 Expenses of probation officers 
§ 95 Temporary support or transportation of probationers 
§ 96 Penalty for refusal or neglect of duties by probation officer 
§ 97 Interference with duties of department of youth services 
§ 98 Office of probation; commissioner of probation 
§ 98A Advisory board to commissioner of probation and court administrator 
§ 99 Powers and duties of commissioner of probation 
§ 99B Probation officers; compensation 
§ 99E Indigency; interagency service agreements; income data verification 
§ 99F Performance measurement system for the office of probation and private organizations under contract with the commonwealth 
§ 99G Pretrial services initiative; supervisor of pretrial services; duties; staff; reports 

Added by St.2018, c. 69, § 185, effective July 12, 2018

§ 100 Detailed reports of probation work; records; accessibility of information 
§ 100A Requests to seal files 

Amended by St.2018, c. 69, §§ 186 to 192, effective October 13, 2018

§ 100B Requests to seal delinquency files or records; conditions; sealing by commissioner; notice for compliance; effect of sealing; limited disclosure 
§ 100C Sealing of certain criminal records 

Amended by St.2018, c. 69, §§ 193, 194, effective October 13, 2018

§ 100D Availability of sealed criminal record information 
§ 100E Definitions 

Added by St.2018, c. 69, § 195, effective October 13, 2018

§ 100F Petition for expungement of record as adjudicated delinquent or youthful offender 

Amended by St.2020, c.253, § 95, effective December 31, 2020

§ 100G Petition for expungement of conviction 

Amended by St.2020, c.253, § 96, effective December 31, 2020

§ 100H Petition for expungement of record without adjudication as delinquent or youthful offender or conviction  

Amended by St.2020, c.253, § 97, effective December 31, 2020

§ 100I Eligibility for expungement  

Amended by St.2020, c.253, § 98, effective December 31, 2020

§ 100J Offenses that are not eligible for expungement 

Added by St.2018, c. 69, § 195, effective October 13, 2018

§ 100K Expungement of record resulting from false identification, an offense no longer a crime at time of expungement, error or fraud 

Added by St.2018, c. 69, § 195, effective October 13, 2018

§ 100L Expungement order 

Added by St.2018, c. 69, § 195, effective October 13, 2018

§ 100M Failure to acknowledge expunged record is not a basis for perjury 

Added by St.2018, c. 69, § 195, effective October 13, 2018

§ 100N An expunged record does not disqualify a person from employment 

Added by St.2018, c. 69, § 195, effective October 13, 2018

§ 100O Petitions for expungement are not public records  

Added by St.2018, c. 69, § 195, effective October 13, 2018

§ 100P The general public is excluded from expungement hearings  

Added by St.2018, c. 69, § 195, effective October 13, 2018

§ 100Q Sealed or expunged records are not available for inspection  

Added by St.2018, c. 69, § 195, effective October 13, 2018

§ 100R A plea deal cannot be made contingent on waiving the right to expunge  

Added by St.2018, c. 69, § 195, effective October 13, 2018

§ 100S Employers and landlords are presumed to have no notice of expunged or sealed records  

Added by St.2018, c. 69, § 195, effective October 13, 2018

§ 100T Notice of sealing or expungement to FBI and Dept. of Justice  

Added by St.2018, c. 69, § 195, effective October 13, 2018

§ 100U Regulations for administration and enforcement  

Added by St.2018, c. 69, § 195, effective October 13, 2018

§ 101 Annual report of commissioner to general court 
§ 101A Establishment of uniform forms of blanks and records for use in district court probation offices 
§ 102 Effect of Secs. 98 to 101A on authority of courts 
§ 103 Notice to commissioner of appointment, removal, etc., of probation officer 

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