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HOUSE DOCKET, NO. 283 FILED ON: 1/11/2023
HOUSE . . . . . . . . . . . . . . . No. 1725
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Angelo J. Puppolo, Jr.
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the Commonwealth’s right to appeal bail decisions.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Angelo J. Puppolo, Jr.12th Hampden1/10/2023Steven George Xiarhos5th Barnstable1/12/2023Brian M. Ashe2nd Hampden1/12/2023Michael J. Finn6th Hampden1/13/2023Marcus S. Vaughn9th Norfolk1/13/2023Bud L. Williams11th Hampden1/25/2023Kelly W. Pease4th Hampden1/25/2023 1 of 9
HOUSE DOCKET, NO. 283 FILED ON: 1/11/2023
HOUSE . . . . . . . . . . . . . . . No. 1725
By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 1725) of
Angelo J. Puppolo, Jr. and others relative to bail decision appeals. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to the Commonwealth’s right to appeal bail decisions.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 58 of Chapter 276, of the General Laws as appearing in the 2014
2Official Edition, is hereby amended by striking the sixth and seventh paragraphs and inserting in
3place thereof the following 4 paragraphs:--
4 A person aforesaid charged with an offense and not released on his personal recognizance
5without surety by a clerk or assistant clerk of the district court, a bail commissioner or master in
6chancery shall forthwith be brought before the next session of the district court for a review of
7the order to recognize in accordance with the standards set forth in the first paragraph of this
8section. The court shall provide as an explicit condition of release for any person admitted to bail
9pursuant to this section or Section 57 that should said person be charged with a crime during the
10period of his release, his bail may be revoked in accordance with this paragraph and the court
11shall enter in writing on the court docket that the person was so informed and the docket shall
12constitute prima facie evidence that the person was so informed. If a person is on release pending
13the adjudication of a prior charge, and the court before which the person is charged with 2 of 9
14committing a subsequent offense after a hearing at which the person shall have the right to be
15represented by counsel, finds probable cause to believe that the person has committed a crime
16during said period of release, the court shall then determine, in the exercise of its discretion,
17whether the release of said person will seriously endanger any person or the community. In
18making said determination, the court shall consider the gravity, nature and circumstances of the
19offenses charged, the person's record of convictions, if any, and whether said charges or
20convictions are for offenses involving the use or threat of physical force or violence against any
21 person, whether the person is on probation, parole or other release pending completion of
22sentence for any conviction, whether he is on release pending sentence or appeal for any
23conviction, the person's mental condition, and any illegal drug distribution or present drug
24dependency. If the court determines that the release of said person will seriously endanger any
25person or the community and that the detention of the person is necessary to reasonably assure
26the safety of any person or the community, the court may revoke bail on the prior charge and
27may order said person held without bail pending the adjudication of said prior charge, for a
28period not to exceed sixty days. The hearing shall be held upon the person's first appearance
29before the court before which the person is charged with committing an offense while on release
30pending adjudication of a prior charge, unless that person, or the attorney for the commonwealth,
31seeks
32 and the court allows, a continuance because a witness or document is not immediately
33available. Except for good cause, a continuance on motion of the person shall not exceed seven
34days and on motion of the attorney for the commonwealth may not exceed three business days.
35During such continuance, the person may be detained consistent with the provisions of this 3 of 9
36section. Said order shall state in writing the reasons therefor and shall be reviewed by the court
37upon the acquittal of the person, or the dismissal of, any of the cases
38 involved. A person so held shall be brought to trial as soon as reasonably possible.
39 A person aggrieved by the denial of a district court justice to admit him to bail on his
40personal recognizance without surety may petition the superior court for review of the order of
41the recognizance and the justice of the district court shall thereupon immediately notify such
42person of his right to file a petition for review in the superior court. The Commonwealth, with
43the approval of the District Attorney or the Attorney General, or his or her designee, may petition
44the superior court for a review of the order of the district court or the detaining authority
45admitting a person to bail on his personal recognizance without surety, or admitting a person to
46bail with or without surety. The Commonwealth's petition shall be filed no later than the next
47business day after the entry of the order of the district court or the detaining authority. The filing
48of a petition by the Commonwealth shall not stay the order of the district court admitting the
49person to bail on his personal recognizance without surety or admitting the person to bail with or
50without surety. The court shall inform the defendant that a petition by the Commonwealth may
51be filed, that if the Commonwealth files a petition and if the defendant is released on personal
52recognizance without surety or is released on bail with or without surety, he shall appear at the
53superior court for the hearing on the morning of the next business day following the filing of the
54Commonwealth's petition, and that failure to appear in the superior court could result in arrest or
55revocation of bail.
56 When a petition for review is filed in the district court or with the detaining authority
57subsequent to defendant’s district court appearance, the clerk of the district court or the detaining 4 of 9
58authority, as the case may be, shall immediately notify by telephone, or by writing delivered in
59hand or by facsimile or electronic transmission that same day, the clerk and probation officer of
60the district court, the defendant, the district attorney for the district in which the district court is
61located, the prosecuting officer, the defendant’s counsel, if any, and the clerk of courts of the
62county to which the petition is to be transmitted. The clerk of the district court, upon the filing of
63a petition for review, either in the district court or with the detaining authority, shall forthwith
64transmit the petition for review, a copy of the complaint and the record of the court, including the
65appearance of the attorney, if any is entered, and a summary of the court’s reasons for denying
66the release of the defendant on his personal recognizance without surety, or for releasing the
67defendant on his
68 personal recognizance without surety, or for setting bail in the amount determined, to the
69superior court for the county in which the district court is located, if a justice thereof is then
70sitting, or to the superior court of the nearest county in which a justice is then sitting; the
71probation officer of the district court shall transmit forthwith to the probation officer of the
72superior court, copies of all records of the probation office of said district court pertaining to the
73defendant, including the defendant’s record of prior convictions, if any, as
74 currently verified by inquiry of the commissioner of probation. The district court or the
75detaining authority, as the case may be, shall cause any defendant in its custody to be brought
76before the said superior court on the same day the petition shall have been filed, unless the
77district court or the detaining authority shall determine that such appearance and hearing on the
78petition cannot practically take place before the adjournment of the sitting of said superior court
79for that day and in which event, the defendant shall be caused to be 5 of 9
80 brought before said court for such hearing during the morning of the next business day of
81the sitting of said superior court. Where the Commonwealth has filed a petition for review and
82where the defendant has been released on personal recognizance without surety, or has posted
83bail and has been released from custody, the superior court shall order the defendant to appear
84before the court for review on the next business day following the filing of the Commonwealth's
85petition for review, and such hearing shall not be continued absent extraordinary circumstances.
86The district court is authorized to order any officer authorized to execute criminal process to
87transfer the defendant and any papers herein above described from the district court or the
88detaining authority to the superior court, and to coordinate the transfer of the defendant and the
89papers by such officer. The petition for review shall constitute authority in the person or officer
90having custody of the defendant to transport the defendant to said superior court without the
91issuance of any writ or other legal process, provided, however, that any district or superior court
92is authorized to issue a writ of habeas corpus for the appearance forthwith of the defendant
93before the superior court.
94 The superior court shall in accordance with the standards set forth in the first paragraph
95of this section, hear the petition for review as speedily as practicable and except for unusual
96circumstances, on the same day the petition is filed; provided, however, that the court may
97continue the hearing to the next business day if the required records and other necessary
98information are not available. If the Commonwealth files a petition and if the defendant is
99released on personal recognizance without surety or is released on bail with or without surety,
100absent extraordinary circumstances, the superior court shall hear the petition on the next business
101day following the filing of the Commonwealth's petition for review. The justices of the superior
102court may, after a hearing on the petition for review, order that the defendant be released on bail 6 of 9
103on his personal recognizance without surety, or, in his discretion, to reasonably assure the
104effective administration of justice, may make any other order of bail or recognizance, including
105increasing the amount of the recognizance or requiring sufficient surety, or both, or remand the
106defendant in accordance with the terms of the process by which he was ordered committed by the
107district court.
108 SECTION 2. Said Section 58 of said Chapter 276 of the General Laws, as so appearing,
109is hereby further amended by inserting after the word “review”, in line 299, the following words:
110-- "by either the defendant or the Commonwealth."
111 SECTION 3. Said Section 58A of said Chapter 276 of the General Laws, as so appearing,
112is hereby amended by striking clause 7, and inserting in place thereof the following clause:--
113 (7) A person aggrieved by the denial of a district court justice to admit him to bail on his
114personal recognizance without surety, or the
115 Commonwealth, with the approval of the District Attorney or the Attorney General, or
116his or her designee, may petition the superior court for a review of the order of the recognizance.
117The justice of the district court shall thereupon immediately notify the defendant and the
118Commonwealth of the right to file a petition for review in the superior court. The
119Commonwealth's petition shall be filed no later than the next business day after the entry of the
120order of the district court or the detaining authority. The filing of a petition by the
121Commonwealth shall not stay the order of the district court admitting the defendant to bail on his
122personal recognizance without surety or releasing the defendant on conditions as set forth in
123subsection (2). The court shall inform the defendant that a petition by the 7 of 9
124 Commonwealth may be filed, that if the Commonwealth files a petition and if the
125defendant is released, he shall appear at the superior court for the hearing on the morning of the
126next business day following the filing of the Commonwealth's petition, and that failure to appear
127could result in arrest or revocation of bail.
128 When a petition for review is filed in the district court or with the detaining authority
129subsequent to defendant's district court appearance, the clerk of the district court or the detaining
130authority, as the case may be, shall immediately notify by telephone, or by writing delivered in
131hand or by facsimile or electronic transmission that same day, the clerk and probation officer of
132the district court, the defendant, the district attorney for the district in which the district court is
133located, the prosecuting officer, the defendant's counsel, if any, and the clerk of courts of the
134county to which the petition is to be transmitted. The clerk of the district court, upon the filing of
135a petition for review, either in the district court or with the detaining authority, shall forthwith
136transmit the petition for review, a copy of the complaint and the record of the court, including the
137appearance of the attorney, if any is entered, and a summary of the court's reasons for the order
138on the Commonwealth's motion for an order of pretrial detention under subsection (2), to the
139superior court for the county in which the district court is located, if a justice thereof is then
140sitting, or to the superior court of the nearest county in which a justice is then sitting; the
141probation officer of the district court shall transmit forthwith to the probation officer of the
142superior court,
143 copies of all records of the probation office of said district court pertaining to the
144defendant, including the defendant's record of prior convictions, if any, as currently verified by
145inquiry of the commissioner of probation. The district court or the detaining authority, as the
146case may be, shall cause any defendant in its custody to be brought before the said superior court 8 of 9
147on the same day the petition shall have been filed, unless the district court or the detaining
148authority shall determine that such appearance and hearing on the petition cannot practically take
149place before the adjournment of the sitting of said superior court for that day and in which event,
150the defendant
151 shall be caused to be brought before said court for such hearing during the morning of the
152next business day of the sitting of said superior court. Where the Commonwealth petitions for
153review and where the district court has denied the Commonwealth's motion for an order of
154pretrial detention and has found that there are conditions of release that will reasonably assure
155the safety of any other individual or the community and the defendant has been released, or
156where the district court has released the defendant on personal
157 recognizance, the superior court shall order the defendant to appear before the court for
158review of the district court's decision on the next business day after the filing of the
159Commonwealth's petition for review, and such hearing shall not be continued absent
160extraordinary circumstances. The district court is authorized to order any officer authorized to
161execute criminal process to
162 transfer the defendant and any papers herein above described from the district court or the
163detaining authority to the superior court, and to coordinate the transfer of the defendant and the
164papers by such officer. The petition for review shall constitute authority in the person or officer
165having custody of the defendant to transport the defendant to said superior court without the
166issuance of any writ or other legal process; provided, however, that any district or superior court
167is authorized to issue a writ of habeas corpus for the appearance forthwith of the defendant
168before the superior court. 9 of 9
169 The superior court shall in accordance with the standards set forth in Section 58A, hear
170the petition for review under Section 58A as speedily as practicable and except for unusual
171circumstances, on the same day the petition is filed; provided, however, that the court may
172continue the hearing to the next business day if the required records and other necessary
173information are not available. Where the district court has denied the Commonwealth's motion
174for an order of pretrial detention and has found that there are conditions of release that will
175reasonably assure the safety of any other individual or the community and the defendant has
176been released, or
177 where the district court has released the defendant on personal recognizance without
178surety, the superior court shall hear the Commonwealth's petition for review on the next business
179day following the filing of the Commonwealth's petition for review. The justice of the superior
180court may, after a hearing on the petition for review, order that the petitioner be released on bail
181on his
182 personal recognizance without surety, or, in his discretion, to reasonably assure the
183effective administration of justice, make any other order of bail or recognizance, including the
184issuance of an order for pretrial detention, or remand the defendant in accordance with the terms
185of the process by which he was ordered committed by the district court.