This text of Massachusetts § 24 (Bail fees; persons authorized to take bail; restrictions) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
[ Text of section effective until July 1, 2024. For text effective July 1, 2024, see below.]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 th
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[ Text of section effective until July 1, 2024. For text effective July 1, 2024, see below.]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.Chapter 262: Section 24. Bail fees; bail taken outside of regular working hours; persons authorized to take bail; restriction on delegation[ Text of section as amended by 2024, 140, Sec. 157 effective July 1, 2024. See 2024, 140, Sec. 264. For text effective until July 1, 2024, see above.]Section 24. (a) The maximum fee to be charged by a person authorized to take bail or release on personal recognizance in the case of a person arrested for any misdemeanor or felony shall be $80.(b) The trial court shall be responsible for paying fees charged to take bail outside of regular working hours pursuant to this section and any fee charged pursuant to this section for a bail taken outside of regular working hours shall be charged only to the trial court. Fee splitting arrangements shall be prohibited.(c) A person authorized to take bail may administer through wire or electronic means any oath or affirmation required in the course of taking bail or releasing on personal recognizance. No person authorized to take bail shall delegate: (i) the setting or taking of bail; or (ii) the setting or taking of release on personal recognizance to any other person.(d) A person authorized to take bail shall receive the fee under subsection (a) after determining the terms of release and the prisoner ultimately recognizes out-of-court.