Print Print
  • PART IV CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES
  • TITLE II PROCEEDINGS IN CRIMINAL CASES
  • CHAPTER 276 SEARCH WARRANTS, REWARDS, FUGITIVES FROM JUSTICE, ARREST, EXAMINATION, COMMITMENT AND BAIL. PROBATION OFFICERS AND BOARD OF PROBATION
  • Section 57 Officials authorized to admit to bail; amount of bail; security

Section 57. A justice of the supreme judicial or superior court, a clerk of courts or the clerk of the superior court for criminal business in the county of Suffolk, a standing or special commissioner appointed by either of said courts or, in the county of Suffolk, by the sheriff of said county with the approval of the superior court, a justice or clerk of a district court, a master in chancery, upon application of a prisoner or witness held under arrest or committed, either with or without a warrant, or held in the custody of an officer under a mittimus, may inquire into the case and admit such prisoner or witness to bail if he determines that such release will reasonably assure the appearance of the person before the court and will not endanger the safety of any other person or the community; and may admit to bail any person committed for not finding sureties to recognize for him. All persons authorized to take bail under this section shall be governed by the rules established by the supreme judicial or superior court. No person offering himself as surety shall be deemed to be insufficient if he deposits money of an amount equal to the amount of the bail required of him in such recognizance, or a bank book of a savings bank, credit union or of a savings account in a trust company or national bank, or a passbook or paid-up shares of a co-operative bank doing business in the commonwealth, properly assigned to the clerk with whom the same is or is to be deposited, and his successors, and satisfactory to the person so authorized to take bail, or deposits non-registered bonds of the United States or of the commonwealth or of any county, city or town within the commonwealth equal at their face value to the amount of the bail required of him in such recognizance. The sheriff of Suffolk county may, with the approval of the superior court, appoint standing or special commissioners to take bail to a number not exceeding twenty and may, with like approval, remove them.

Notwithstanding the foregoing, a person arrested and charged with a violation of an order or judgment issued pursuant to section eighteen, thirty-four B or thirty-four C of chapter two hundred and eight, section thirty-two of chapter two hundred and nine, section three, four or five of chapter two hundred and nine A, or section fifteen or twenty of chapter two hundred and nine C, or arrested and charged with a misdemeanor or felony involving abuse as defined in section one of said chapter two hundred and nine A while an order of protection issued under said chapter two hundred and nine A was in effect against said person, shall not be released out of court by a clerk of courts, clerk of a district court, bail commissioner or master in chancery.

Before the amount of bail of a prisoner charged with an offence punishable by imprisonment for more than one year is fixed in court, the court shall obtain from its probation officer all available information relative to prior criminal prosecutions, if any, of the prisoner and the disposition of each of such prosecutions. If the offence with which such a prisoner is charged is a violation of any provision of sections twenty-two to twenty-four, inclusive, of chapter two hundred and sixty-five or section thirty-four or thirty-five of chapter two hundred and seventy-two, and it appears from such information or otherwise that he had been previously prosecuted for a violation of any such provision, the court shall, before the amount of bail is fixed, obtain from the department of mental health a report containing all information in its possession relative to the prisoner, particularly with respect to any mental disease or defect with which he may have been afflicted; and said department shall furnish any such report to the court promptly upon its request.

No person arrested for violating any provision of section thirty-three or thirty-five of chapter fifty-six shall be admitted to bail unless there is deposited not less than five hundred dollars in cash, or there is offered real estate of the fair market value of not less than one thousand dollars, over and above all encumbrances, as security.