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  • Acts
  • 2002
  • Chapter 58 AN ACT INCREASING THE FEE FOR ADMITTING A PERSON TO BAIL.

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


Chapter 262 of the General Laws is hereby amended by striking out section 24, as appearing in the 2000 Official Edition, and inserting in place thereof the following section:-

Section 24. (a) The maximum fee to be charged by any person authorized to take bail or release on personal recognizance in the case of a person arrested for any misdemeanor or felony shall be $40.

(b) If, in addition to recognizing for a court within the territorial jurisdiction of the magistrate authorizing the release, the arrested person is being required to recognize for a court outside of such territorial jurisdiction, the person, so authorized, may charge an additional $5 for each such extraterritorial recognizance, but in no event shall the total fee for any release exceed $50.

(c) The person authorized to take bail who goes to the place of detention where the prisoner is held shall receive the fee before completing the determination of the terms of release, regardless of whether the prisoner ultimately recognizes out-of-court, and is the only person entitled to the compensation provided for in this section. Fee splitting arrangements are prohibited. No person authorized to take bail shall administer by telephone, or otherwise than in the physical presence of the affiant, any oath or affirmation required in the course of taking bail or releasing on personal recognizance. No person authorized to take bail shall delegate the setting or taking of bail or the setting or taking of release on personal recognizance to any other person.

Approved March 15, 2002.