Table of Contents

Rule 3

The purpose of setting terms for any pre-trial release is to assure the presence at court of the person released. Any person charged with an offense other than an offense punishable by death, or for any offense on which a warrant of arrest has been issued by the Superior Court, is required by law to be released on his personal recognizance pending trial unless the person setting the terms of release determines, in the exercise of his discretion, that such a release will not reasonably assure the appearance of the person as required. In making a determination as to whether to release a person on personal recognizance or bail, the bail magistrate shall consider the factors set forth in G.L. c. 276, § 58. Each decision shall be reached on the basis of all available information pertaining to the factors set forth in the statute.