Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter 276 of the General Laws is hereby amended by striking out section 67, as appearing in the 1986 Official Edition, and inserting in place thereof the following section:-

Section 67. A person arrested on a felony charge or a misdemeanor charge for which the punishment provisions thereof provide for the possibility of incarceration for a period exceeding one hundred days, who forfeits or defaults on his bail bond or recognizance or has been surrendered by a probation officer shall not again be released on further bail or recognizance in the same case except by order of a justice of the court where such charge was pending at the time of such default or surrender.

A person arrested on a misdemeanor charge for which the punishment provisions thereof provide for a fine or for a maximum period of incarceration that does not exceed one hundred days, who forfeits or defaults on his bail bond or recognizance or has been surrendered by a probation officer may be released on further bail or recognizance in the same case. The magistrate authorizing a release in such circumstance shall not be bound by the presumption of release on personal recognizance contained in section fifty-eight.

A justice or magistrate, in issuing a warrant because of a default on a bail bond or recognizance or because of a surrender by a probation officer, may by writing thereon order specific release conditions in the event the defendant is apprehended on such warrant.