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Fines and Fees
State Statute Description/Statute Name Statutory language Amount Level of offense Mandatory Imposed by Delegation of authority
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Massachusetts Mass. Gen. Laws ch. 89, § 12 Surcharge on fines for motor vehicle violation
There shall be a surcharge of $5 on a fine assessed against a person convicted of or found responsible for a motor vehicle violation under this chapter or a violation
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of a special regulation lawfully made under the authority of this chapter.
$5 Traffic Yes Court N/A
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Massachusetts Mass. Gen. Laws ch. 90, § 20 Penalties and punishments
A person convicted of a violation of any provision of this chapter the punishment for which is not otherwise provided, or of a violation of any rule or regulation of
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the registrar made under authority of section thirty-one, shall be punished by a fine of not more than thirty-five dollars for the first offense...
$0 - $35 Traffic Yes Court N/A
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Massachusetts Mass. Gen. Laws ch. 90, § 20 Penalties and punishments ...not less than thirty-five nor more than seventy-five dollars for a second offense... $35 - $75 Traffic Yes Court N/A
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Massachusetts Mass. Gen. Laws ch. 90, § 20 Penalties and punishments ...and not less than seventy-five nor more than one hundred and fifty dollars for subsequent offenses committed during any twelve-month period… $75 - $150 Traffic Yes Court N/A
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Massachusetts Mass. Gen. Laws ch. 90, § 20 Penalties and punishments
...provided, however, that any person convicted of operating a motor vehicle without having been issued a license by the registrar shall be punished by a fine of not more than
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$500 for a first offense...
$0 - $500 Traffic Yes Court N/A
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Massachusetts Mass. Gen. Laws ch. 90, § 20 Penalties and punishments ...by a fine of not less than $500 nor more than $1,000, for a second offense... $500 - $1000 Traffic Yes Court N/A
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Massachusetts Mass. Gen. Laws ch. 90, § 20 Penalties and punishments ...and by a fine of not less than $1,000 nor more than $2,000, for any subsequent offense… $1000 - $2000 Traffic Yes Court N/A
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Massachusetts Mass. Gen. Laws ch. 90, § 20 Penalties and punishments
...provided, however, that any person convicted of operating or permitting the operation of a school bus carrying passengers in excess of the number authorized under section seven B shall be
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punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or both...
$0 - $100 Traffic No Court N/A
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Massachusetts Mass. Gen. Laws ch. 90, § 20 Penalties and punishments
...and that any person convicted of violating any of the provisions of section sixteen shall be punished by a fine of not less than twenty nor more than one hundred
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dollars…
$20 - $100 Traffic Yes Court N/A
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Massachusetts Mass. Gen. Laws ch. 90, § 20 Penalties and punishments
...and that any person convicted of operating a motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit in violation of section nineteen shall be punished by a fine of not
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more than one hundred dollars...
$0 - $100 Traffic Yes Court N/A
Poverty Penalties and Poverty Traps
State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
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Massachusetts Mass. Gen. Laws ch. 276, § 31 Default Warrant for Failure to Pay — Additional Fees — Payment to Court's Administrative Office.

Whenever a court issues a default warrant solely due to the person’s failure to pay a fine, assessment, court cost, restitution, support payment or other amount as ordered by the

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court or required by law, the court shall specify the amount owed, including an additional assessment of $50 which assessment may be waived by the court upon a finding of good cause or upon a finding that such an assessment would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents, with a statement that the warrant against the person may be discharged upon payment of the amount and the assessment, if any, and shall note the same in the warrant management system. The administrative office of the trial court shall accept payment of such fine, assessment, court cost, restitution, support payment or other amount as ordered by the court, along with any assessment, to be remitted by mail, telephone or other electronic means, in any form deemed acceptable by the trial court. Upon receipt of payment, the warrant against the person shall be discharged, the discharge shall be noted in the warrant management system and the individual shall receive notice of the discharge within seven days.

Incarceration, Increased fine All Yes
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Massachusetts Mass. Gen. Laws ch. 276, § 32 Default Warrant for Failure to Pay — Additional Fees — Payment of Person Before Court.

Whenever a person, brought before a court, against whom an outstanding warrant was issued, solely due to the failure of the person brought before the court to pay a fine

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assessment, court cost, restitution, support payment, or other amount, the court may accept payment of such amount and assess an additional fifty dollars which assessment may be waived by the court upon a finding of good cause and if the person is not being held on other process, the court may direct that the person be released from custody and shall notify the jurisdiction in which the warrant was issued of the payment and the assessment, if any. Upon notice of the release the court that issued the warrant shall recall the warrant and cause such information to be entered in the warrant management system.

Incarceration, Increased fine All No
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Massachusetts Mass. Gen. Laws ch. 279, § 1 Suspension of execution; payment of fine; probation; revocation of suspension; exceptions

When a person so convicted is sentenced to pay a fine and to stand committed until it is paid, the court may direct that the execution of the sentence, or

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any part thereof, be suspended for such time as it shall fix and in its discretion that he be placed on probation on condition that he pay the fine within such time . . . If during or at the end of said period the probation officer shall report that the fine is in whole or in part unpaid, and in his opinion the person is unwilling or unable to pay it, the court may either extend said period, place the case on file or revoke the suspension of the execution of the sentence. When such suspension is revoked, in a case where the fine has been paid in part, the defendant may be committed for default in payment of the balance.

Incarceration All No
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Massachusetts Mass. Gen. Laws ch. 279, § 1A Suspended Sentences — Fines and Imprisonment.

When a person convicted before a court is sentenced to fine and imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended, and

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that he be placed on probation for such time and on such terms and conditions as it shall fix. The court may direct, as one of such terms and conditions, that payment of the fine may be made to the probation officer in one payment, or in part payments, during the period of probation or any extension thereof, and when such fine shall have been fully paid the order of commitment as to the fine shall be void, but the order of commitment as to imprisonment shall not be affected by such payment . . . If during or at the end of said period the probation officer shall report that the fine is in whole or in part unpaid, and in his opinion the person is unwilling or unable to pay it, the court may either extend said period, place the case on file or revoke the suspension of the execution of the sentence. When such suspension is revoked, in a case where the fine has been paid in part, the defendant may be committed for default in payment of the balance, and may also be committed for the term of imprisonment fixed in the original sentence. 

Incarceration All No
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Massachusetts Mass. Gen. Laws ch. 279, § 7 Sentence — Conviction of Crime Punishable by Fine; Imprisonment for Non-Payment.

Whoever is convicted of a crime punishable by a fine, and is liable to imprisonment in the jail for its non-payment, may be sentenced to such imprisonment in the house

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of correction, or to confinement at hard labor either in the jail or house of correction.

Incarceration All No
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Massachusetts Mass. Gen. Laws ch. 279, § 9 Sentence — Second Sentence for Non-Payment of Fine.

Except as provided in section one hundred and forty-six of chapter one hundred and twenty-seven, if a convict is sentenced to pay a fine in more than one case and

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has been committed to a jail, house of correction or other prison or other correctional institution for refusing to pay such fine, the subsequent sentence shall take effect upon the expiration of the imprisonment under the former sentence.

Incarceration All Yes
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Massachusetts Mass. Gen. Laws ch. 279, § 10 Sentence — Conditional.

If a person has been convicted of a crime punishable, at the discretion of the court, by fine or imprisonment in the jail or house of correction or by fine

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or imprisonment in the state prison, the court may impose upon him a conditional sentence, and order him to pay a fine within a limited time which shall be expressed in the sentence, and in default thereof to suffer such imprisonment as is provided by law. He shall be forthwith committed to the custody of an officer in court or to the jail, to be detained until the sentence is complied with; and if he does not within the time limited pay the fine imposed, the sheriff shall cause the other part of the sentence to be executed forthwith.

Incarceration All No
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Massachusetts Mass. Gen. Laws ch. 266, § 111B Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.

If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made

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a good faith effort to pay such restitution.

Incarceration All Yes
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Massachusetts Mass. Gen. Laws ch. 270, § 16 Disposal of Refuse on Highways, Public Land, Private Property, or in Coastal or Inland Waters.

If a motor vehicle is used in committing such an offense where the offense involves the unlawful disposal of more than seven cubic feet of trash, bottles or cans, refuse,

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rubbish, garbage, debris scrap, waste or any other materials and the motor vehicle is observed while the offense is in progress by an officer authorized to enforce this section, the officer may seize the vehicle and remove and store it or otherwise immobilize it by a mechanical device until (1) payment is made to the enforcing authority of a fine set by such enforcing authority up to the maximum fine which may be imposed under this section, (2) the illegally disposed of material is removed and legally disposed of, and (3) payment is made to the enforcing authority of its reasonable towing and storage charges, if any, for the seized vehicle. If, after payment of the above fine and towing and storage charges, the use of the seized vehicle is necessary to dispose of the material, the enforcing authority shall release the seized vehicle upon the posting of security sufficient to pay for the cost of legal disposal of the material...If a motor vehicle is used in committing such an offense, a conviction under this section shall forthwith be reported by the court to the registrar of motor vehicles, and the registrar may suspend the license of the operator of such vehicle for not more than thirty days, and if it appears from the records of the registrar of motor vehicles that the person so convicted is the owner of the motor vehicle so used, the registrar may suspend the certificate of registration of said vehicle for thirty days.

Property liens Misdemeanor No
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Massachusetts Mass. Gen. Laws ch. 90, § 24D Drivers Convicted of Operating Motor Vehicle Under the Influence of Intoxicating Liquors or Controlled Substances.

An additional fee of two hundred and fifty dollars shall be paid to the chief probation officer of each court by each person placed in a program of driver alcohol

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or controlled substance abuse education pursuant to this section and all such fees shall be deposited with the state treasurer, subject to appropriation, for the support of programs operated by the secretary of public safety, the alcohol beverage control commission, and the department of public health for the investigation, enforcement, treatment and rehabilitation of those persons convicted of or charged with driving under the influence of intoxicating liquor or drugs . . . Failure to pay the fees required under this section shall, unless excused, constitute sufficient basis for a finding by the court at a hearing held pursuant to section twenty-four E that the person has failed to satisfactorily comply with the program.

Incarceration Traffic No
Ability to Pay
State Statute Description/Statute Name Statutory language Level of offense Definition of ability to pay Timeline Burden of proof Method of determination Mandatory Remedies if unable to pay
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Massachusetts Mass. Gen. Laws ch. 258B, § 8 Assessments imposed by court

If it is determined by a written finding of fact that an assessment, other than for a civil motor vehicle infraction imposed by this section would cause a substantial financial

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hardship to the person against whom the assessment is imposed or the person’s immediate family or the person’s dependents, the court may waive the fee or structure a payment plan in order to ensure compliance with payment; provided, however, that the court may order a person required to pay a domestic violence prevention and victim assistance assessment to complete at least 8 hours of community service in order to satisfy such assessment, if a structured payment would continue to impose a severe financial hardship. 

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severe financial hardship

Before imposition of fine or fee Not provided for Determined by judge without hearing No

waive the fee or structure a payment plan; community service in lieu of payment.

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Massachusetts Mass. Gen. Laws ch. 279, § 1 Suspension of execution; payment of fine; probation; revocation of suspension; exceptions

When a person convicted before a court is sentenced to imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended and that he

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be placed on probation for such time and on such terms and conditions as it shall fix. When a person so convicted is sentenced to pay a fine and to stand committed until it is paid, the court may direct that the execution of the sentence, or any part thereof, be suspended for such time as it shall fix and in its discretion that he be placed on probation on condition that he pay the fine within such time. If the fine does not exceed two hundred dollars and the court finds that the defendant is unable to pay it when imposed, the execution of the sentence shall be suspended and he may in its discretion be placed on probation, unless the court shall find that he will probably default, or that such suspension will be detrimental to the interests of the public. 

All

Not provided for

At enforcement of fine or fee Not provided for Determined by judge without hearing No

The execution of the sentence, or part of the sentence, may be suspended and the court may in its discretion place the person on probation.

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Massachusetts Mass. Gen. Laws ch. 266, § 111B Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.

Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment

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of restitution. If the court finds that because of any such change the payment of restitution will impose an undue financial hardship on the defendant or his family, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.

All

Payment would impose an undue financial hardship on defendant or his family.

At defendant's request at enforcement Not provided for Determined by judge without hearing No

Remission from any payment of restitution or modify the amount, time or method of payment; 

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Massachusetts Mass. Gen. Laws ch. 266, § 111B Motor vehicle insurance policies; penalty for fraudulent claims

If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made

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a good faith effort to pay such restitution. If said defendant has made a good faith effort to pay such restitution, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.

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N/A

At enforcement of fine or fee Not provided for Not provided for No

May modify the amount, time or method of payment, but may not grant complete remission.

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Massachusetts Mass. Gen. Laws ch. 266, § 111B Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.

. . . Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability

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to pay in its determinations regarding a fine; provided, further, that, whenever possible subject to the constraints of this paragraph and the first paragraph of this section, the amount of a fine imposed for a violation of this section shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.

Felony

Not provided for

Before imposition of fine or fee Not provided for Not provided for Yes

N/A

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Massachusetts Mass. Gen. Laws ch. 266, § 111B Fraudulent Motor Vehicle Insurance Claims; Penalties; Reimbursement of Insurer.

. . . In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose

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on the defendant.

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Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes Not provided for
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Massachusetts Mass. Gen. Laws ch. 127, § 145(a)-(b),(d),(f) Discharge of Poor Prisoners Held for Nonpayment of Fines.

(a) A court shall not commit a person to a correctional facility solely for non-payment of money owed if such person has established, by a preponderance of the evidence, that the

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person is unable to pay the fine without causing substantial financial hardship to the person or their immediate family or dependents. A court shall determine whether the payment of a fine would cause such substantial financial hardship after a hearing and, in making such determination, shall consider the person’s employment status, income, financial resources, living expenses, number of dependents and any special circumstances that may affect a person’s ability to pay.

(b) A court shall not commit a person to a correctional facility for non-payment of money owed if such a person is not represented by counsel for the commitment proceeding, unless such person has waived counsel. A person deemed indigent for the purpose of being offered counsel and who is assigned counsel for the commitment portion of a proceeding solely for the nonpayment of money owed shall not be assessed a fee for such counsel.

(d) If a court determines that the payment of a fine would cause a substantial financial hardship pursuant to subsection (a), the court may impose an alternative to a fine or sentence to a correctional facility including, without limitation, community service.

(f) A person confined to a correctional facility for non-payment of money owed may petition the court for discharge from the correctional facility for an inability to pay the money owed due to a substantial financial hardship. If, after a hearing pursuant to subsection (a), the court determines that the person is not able to pay the money owed without causing a substantial financial hardship to the person, or the person’s immediate family or dependents, the court shall discharge the person from the correctional facility. No filing fee shall be charged for the filing of the petition.

All

Substantial financial hardship to the person or their immediate family or dependents; indigdent; 

At enforcement of fine or fee Not provided for Not provided for No

Discharge from jail when confined for nonpayment of fine; alternative to a fine or sentence to a correctional facility including, without limitation, community service; not assessed a fee for counsel.

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Massachusetts Mass. Gen. Laws ch. 266, § 147(e) Counterfeit Marks — Manufacture, Use or Display.

Any person convicted under this section shall, in addition to any penalty imposed pursuant to subsection (b), be punished by a fine in an amount not to exceed three times

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the retail value of the items bearing or of services identified by a counterfeit mark, unless extenuating circumstances are shown by the defendant.

Misdemeanor

Extenuating circumstances

Not provided for Burden on defendant to show inability to pay Determined by judge without hearing Yes

N/A

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Massachusetts Mass. Gen. Laws ch. 266, § 27A Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.

Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability to pay in

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its determinations regarding a find; provided, further, that, whenever possible subject to the constraints of this paragraph and the preceding paragraph, the amount of a fine imposed for a violation of this section shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.

Felony

Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

N/A

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Massachusetts Mass. Gen. Laws ch. 266, § 27A Removing or Concealing Motor Vehicles or Trailers to Defraud Insurers; Reimbursement of Insurers.

In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.

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Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment of restitution. If the court finds that because of any such change the payment of restitution will cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution or modify the amount, time or method of payment.

Felony

A substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents

At defendant's request at enforcement Not provided for Determined by judge without hearing No

Modification of the amount, time or method of payment of restitution; remission from any payment of restitution or modify the amount, time or method of payment.

Transparency
State Statute Description/Statute Name Statutory language Type of obligation Actor
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Massachusetts Mass. Gen. Laws ch. 66, § 10(a) Public Record Request — Procedure.

(a) A records access officer appointed pursuant to section 6A, or a designee, shall at reasonable times and without unreasonable delay permit inspection or furnish a copy of any public record

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as defined in clause twenty-sixth of section 7 of chapter 4, or any segregable portion of a public record, not later than 10 business days following the receipt of the request provided that: (i) the request reasonably describes the public record sought; (ii) the public record is within the possession, custody or control of the agency or municipality that the records access officer serves; and (iii) the records access officer receives payment of a reasonable fee as set forth in subsection (d).

 

Obligation to respond to public records requests Clerk, Municipality/municipal agency, State/statewide agency
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Massachusetts Mass. Gen. Laws ch. 276, § 90 Probation Officers — Powers; Inspection of Records.

A probation officer shall not be an active member of the regular police force, but so far as necessary in the performance of his official duties shall, except as otherwise

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provided, have all the powers of a police officer, and if appointed by the superior court may, by its direction, act in any part of the commonwealth. He shall report to the court, and his records may at all times be inspected by police officials of the towns of the commonwealth; provided, that his records in cases arising under sections fifty-two to fifty-nine, inclusive, of chapter one hundred and nineteen shall not be open to inspection without the consent of a justice of his court.

Obligation to collect or record Supervision agency
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Massachusetts Mass. Gen. Laws ch. 211E, § 1(c)(8),(f) Massachusetts Sentencing Commission Established.

(c) The commission shall have the power to perform such functions as may be necessary to carry out the purposes of this chapter, and may delegate to any member or designated

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person such powers as may be appropriate to the accomplishment of the duties of the commission as set forth below. In particular, the commission shall: (8) make recommendations to the legislature concerning modification or enactment of laws relating to crimes, sentencing, and correctional matters, as well as recommendations concerning programmatic, budgetary and capital matters that the commission finds to be necessary and advisable to carry out the purposes of this chapter;

(f) Except as otherwise provided by law, the commission shall maintain and make available for public inspection a record of the final vote of each member on any action taken by it.

Obligation to collect or record State/statewide agency
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Massachusetts Mass. Gen. Laws ch. 221, § 2 Clerks — Duties.

The clerk shall attend all sessions of the court, preserve all the files and papers thereof, keep a docket record of all questions transferred, and of all petitions, complaints or

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other processes presented to the court, and enter thereon the names of the parties in full and of the counsel who appear in their behalf, and a brief description of the nature of the action or proceeding. He shall also record thereon accurate minutes of all orders, decrees or directions of the court in each case, transmit forthwith to the clerks of courts in the several counties all rescripts made or ordered by the court and the papers which belong to the supreme judicial court or the superior court in each case, and receive and keep safely all papers transmitted to him by the clerks of the courts. He shall make copies of all papers on file in said court and of the docket record thereof, if desired, and certify them under the seal of the court. He shall issue such writs or other processes as the court orders, shall charge the fees provided by law for like services for clerks of courts, and if no express fee is provided, he shall receive a fair compensation for the services required of him in analogy to like services for which a compensation is fixed by law. He shall annually, before the last Wednesday of December, account with and pay over to the state treasurer all fees received by him.

Obligation to collect or record Clerk
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Massachusetts Mass. Gen. Laws ch. 221, § 28 Clerks — Clerk to Exhibit Records.

The clerks of the courts in the several counties and of the supreme judicial and superior courts in Suffolk county shall at the first sitting in each year of the

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supreme judicial court in their counties exhibit their latest books of records to a justice of the court, who shall cause errors and defects therein to be corrected.

Obligation to report/conduct analysis Clerk
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Massachusetts Mass. Gen. Laws ch. 221, § 32 Clerks — Clerk to Account for Fees, Etc.

The clerks of the courts in the several counties, and of the supreme judicial court and superior court department for Suffolk county, shall keep cash books, which shall be the

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property of the commonwealth and shall be and remain a part of the records of the courts, in which they shall keep accounts of all fees received by them for their official acts and services, including fees for copies which they are not required by law to furnish, fees and money in proceedings relative to naturalization or for naturalization certificates, and all fees and money of whatever description or character received by them, or by any assistant or other person in their offices or employment, for any acts done or services rendered in connection with their said offices.

Obligation to collect or record Clerk
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Massachusetts Mass. Gen. Laws ch. 266, § 108 Destroying Vessel to Defraud Owner or Insurer.

If the defendant is indigent or if the court finds that ordering such restitution would cause a substantial financial hardship to the defendant or the defendant’s immediate family or the

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defendant’s dependents, the court may determine that the interests of the victim and of justice would not be served by ordering such restitution. In such case, the court shall make specific written findings of the evidence presented which militated against the imposition of restitution.

Obligation to collect or record All courts
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Massachusetts Mass. Gen. Laws ch. 90, § 24(1)(a)(1) Driving Under the Influence of Intoxicating Liquor or Controlled Substance.

The administrative office of the trial court shall file a report detailing the amount of funds imposed and collected pursuant to this section to the house and senate committees on

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ways and means and to the victim and witness assistance board not later than August 15 of each calendar year.

Obligation to report/conduct analysis Court
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Massachusetts Mass. Gen. Laws ch. 119, § 62 Delinquency — Restitution by Child.

If the payment is not made at once, it shall be made to the probation officer, who shall give a receipt therefor, keep a record of the payment, pay the

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money to said injured person, and keep on file his receipt therefor.

Obligation to collect or record Supervision agency
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Massachusetts Mass. Gen. Laws ch. 276, § 87A Participation in Rehabilitative Programs or Performance of Community Service Work.

Said probation fee shall be collected by the several probation offices of the trial court and shall be transmitted to the state treasurer for deposit into the General Fund of

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the commonwealth. The state treasurer shall account for all such fees received and report said fees annually, itemized by court division, to the house and senate committees on ways and means.

Obligation to report/conduct analysis State/statewide agency
Collections Infrastructure
State Statute Description/Statute Name Statutory language Who may collect
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Massachusetts Mass. Gen. Laws ch. 279, § 1 Suspended Sentences — Imprisonment.

The fine shall be paid in one payment, or in part payments, to the probation officer, and when fully paid the order of commitment shall be void. The probation officer

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shall give a receipt for every payment so made, shall keep a record of the same, shall pay the fine, or all sums received in part payment thereof, to the sheriff if such fine is imposed in the superior court, or to the clerk of the court if such fine is imposed in the district court, at the end of the period of probation or any extension thereof, and shall keep on file the sheriff’s or clerk’s receipt therefor.

Supervision agency
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Massachusetts Mass. Gen. Laws ch. 279, § 1A Suspended Sentences — Fines and Imprisonment.

When a person convicted before a court is sentenced to fine and imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended, and

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that he be placed on probation for such time and on such terms and conditions as it shall fix. The court may direct, as one of such terms and conditions, that payment of the fine may be made to the probation officer in one payment, or in part payments, during the period of probation or any extension thereof, and when such fine shall have been fully paid the order of commitment as to the fine shall be void, but the order of commitment as to imprisonment shall not be affected by such payment.

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Massachusetts Mass. Gen. Laws ch. 279, § 1B Funds collection and disbursement; single point for clerk-magistrate and probation offices

Notwithstanding any other provision of law, the administrative justice of a department of the trial court may direct that both the clerk–magistrate’s office and the probation office of one or

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more court divisions are to utilize a single funds collection and disbursement point within the courthouse.

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Massachusetts Mass. Gen. Laws ch. 280, § 14 Commitment of Debtor — Payments.

A person committed to a jail or house of correction in default of payment of a fine may pay it to the keeper of the jail or superintendent of the

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house of correction, and the warrant for his commitment shall designate the town where the offence for which the fine was imposed was committed and the uses to which such fine is payable by the officer receiving it.

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Massachusetts Mass. Gen. Laws ch. 279, § 1B Single Funds Collection and Disbursement Point Within Courthouse.

Notwithstanding any other provision of law, the administrative justice of a department of the trial court may direct that both the clerk-magistrate's office and the probation office of one or

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more court divisions are to utilize a single funds collection and disbursement point within the courthouse.

State courts
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Massachusetts Mass. Gen. Laws ch. 221, § 2 Clerks — Duties.

He shall annually, before the last Wednesday of December, account with and pay over to the state treasurer all fees received by him.

Clerk
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Massachusetts Mass. Gen. Laws ch. 280, § 7 Certificates of Fines Imposed.

At the end of every sitting of the superior court for the transaction of criminal business, the clerk shall make and deliver to the state treasurer certificates of all fines

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imposed by the court, to the use of the commonwealth or to the treasurer of a city or town under the provisions of section two of this chapter.

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Massachusetts Mass. Gen. Laws ch. 280, § 9 Fines paid; transfer to state treasurer by clerks of courts in Suffolk county

The clerks of all courts in Suffolk county, except those named in the preceding section, who are required to account to the commonwealth shall, on or before the tenth day

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of each month, pay over to the state treasurer and account, on oath, for all fines, fees and other money received by them in any criminal proceedings during the preceding calendar month remaining after the payments therefrom allowed by law.

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Massachusetts Mass. Gen. Laws ch. 258B, § 8 Assessments Against Persons Convicted — Imposed.

All such assessments made shall be collected by the court or by the registrar, as the case may be, and shall be transmitted monthly to the state treasurer. If the

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person convicted is sentenced to a correctional facility in the commonwealth, the superintendent or sheriff of the facility shall deduct any part or all of the monies earned or received by any inmate and held by the correctional facility, to satisfy the victim and witness assessment, and shall transmit such monies to the court monthly. The assessment from any conviction or adjudication of delinquency which is subsequently overturned on appeal shall be refunded by the court to the person whose conviction or adjudication of delinquency is overturned. Said court shall deduct such funds from the assessments transmitted to the state treasurer. 

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Revenue Flow
State Statute Description/Statute Name Statutory language Who receives the funding Other beneficiaries Level of offense
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Massachusetts Mass. Gen. Laws ch. 280, § 14 Commitment of Debtor — Payments.

A person committed to a jail or house of correction in default of payment of a fine may pay it to the keeper of the jail or superintendent of the

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house of correction, and the warrant for his commitment shall designate the town where the offence for which the fine was imposed was committed and the uses to which such fine is payable by the officer receiving it.

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Massachusetts Mass. Gen. Laws ch. 265, § 42 Use of Radio or Boom Box Without Using Earphones on Public Conveyance; Punishment; Sale of Evidence at Public Auction.

Evidence seized pursuant to this section shall be sold at public auction and the proceeds therefrom may be applied against outstanding fines and court costs.

All courts

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Massachusetts Mass. Gen. Laws ch. 90, § 24(1)(a)(1) Driving Under the Influence of Intoxicating Liquor or Controlled Substance.

There shall be an assessment of $250 against a person who is convicted of, is placed on probation for, or is granted a continuance without a finding for or otherwise

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pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances under this section; provided, however, that but $187.50 of the amount collected under this assessment shall be deposited monthly by the court with the state treasurer for who shall deposit it into the Head Injury Treatment Services Trust Fund, and the remaining amount of the assessment shall be credited to the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason.

Victims Fund

General fund

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Massachusetts Mass. Gen. Laws ch. 90, § 24(2)(a) Driving Under the Influence of Intoxicating Liquor or Controlled Substance.

There shall be an assessment of $250 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for or is granted a continuance

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without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle negligently so that the lives or safety of the public might be endangered under this section, but $250 of the $250 collected under this assessment shall be deposited monthly by the court with the state treasurer, who shall deposit it in the Head Injury Treatment Services Trust Fund, and the remaining amount of the assessment shall be credited to the General Fund.

Victims Fund

General fund

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Massachusetts Mass. Gen. Laws ch. 90B, § 39(b) Motorboats, Other Vessels and Recreational Vehicles: Fees — Surcharge.

(b) There shall be a surcharge of 20 per cent on a fine assessed against a person convicted of or found responsible for a violation under this chapter or a violation

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of a special regulation made under this chapter. Notwithstanding the distribution of fines, penalties and forfeitures under section 10G of chapter 21A, the surcharge shall be deposited into the Massachusetts Environmental Police Trust Fund.

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Massachusetts Environmental Police Trust Fund.

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Massachusetts Mass. Gen. Laws ch. 265, § 54 Human Trafficking — Fines to be Directed to Victims of Human Trafficking Trust Fund.

The court shall transmit fines collected pursuant to sections 50 and 51 to the state treasurer. The treasurer shall deposit such fines into the Victims of Human Trafficking Trust Fund

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established in section 66A of chapter 10.

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Victims of Human Trafficking Trust Fund

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Massachusetts Mass. Gen. Laws ch. 266 §133 Injury to Property of Humane Society.

One half of any fine paid hereunder shall be paid to the person who gives information upon which a conviction is obtained.

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Massachusetts Mass. Gen. Laws ch. 90, § 24D Drivers Convicted of Operating Motor Vehicle Under the Influence of Intoxicating Liquors or Controlled Substances.

An additional fee of two hundred and fifty dollars shall be paid to the chief probation officer of each court by each person placed in a program of driver alcohol

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or controlled substance abuse education pursuant to this section and all such fees shall be deposited with the state treasurer, subject to appropriation, for the support of programs operated by the secretary of public safety, the alcohol beverage control commission, and the department of public health for the investigation, enforcement, treatment and rehabilitation of those persons convicted of or charged with driving under the influence of intoxicating liquor or drugs.

State/statewide agency N/A Traffic
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Massachusetts Mass. Gen. Laws ch. 266 §135 Mooring Vessel to a Buoy.

Whoever moors or in any manner makes fast a vessel, scow, boat or raft to a buoy, beacon or floating guide placed by the government of the United States in

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the navigable waters of the commonwealth shall be punished by a fine of not more than fifty dollars; and whoever wilfully destroys, injures or removes any such beacon or guide shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than three months. One third of all fines which accrue under this section shall be paid to the complainant and two–thirds to the commonwealth.

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Private actor (Complainant)

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Massachusetts Mass. Gen. Laws ch. 90B, § 8(a)(4)(B) Operation of Vessel Under Influence of Liquor or Drugs; Water Skiing; Reckless Operation.

 

There shall be an assessment of $250 against a person who is convicted of, placed on probation for, or otherwise pleads guilty to or admits to a finding of sufficient

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facts of operating a vessel while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressant or stimulant substances or from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in section 18 of chapter 270; provided, however, that $150 of the $250 collected under this assessment shall be deposited by the court with the state treasurer into the Head Injury Treatment Services Trust Fund, established by section 59 of chapter 10, and the remaining amount of the assessment shall be credited to the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason.

Victims Fund

General fund

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Court Rules
State Citation Description/Statute Name Language from the rule When does the rule apply?
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Massachusetts S.J.C. Rule 3:10(10)(a) Assignment of Counsel
If a judge determines that a party is indigent, the judge may not order, require, or solicit the party to make any payment toward the cost of counsel, except for
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an indigent counsel fee. The indigent counsel fee shall be waived where a judge, after the indigency verification process, determines that the party is unable without substantial financial hardship to pay the indigent counsel fee within 180 days. Where the indigent counsel fee is not waived, the judge may authorize the party to perform community service in lieu of payment of the indigent counsel fee in accordance with G. L. c. 211D, § 2A(g). The clerk shall enter the judge's determination on the court docket.
Ability to pay
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Massachusetts S.J.C. Rule 3:10(10)(b) Assignment of Counsel
If a judge determines that a party is indigent but able to contribute, the judge shall order the party to pay the indigent counsel fee plus a contribution fee based
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on the financial circumstances of the party, provided that the amount of the contribution fee shall not cause substantial financial hardship. The party shall be given an opportunity to be heard and to present information, including witness affidavits or testimony, regarding whether the contribution fee would cause substantial financial hardship.
Fines and fees
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Massachusetts Mass. R. Crim P. 10(b) Continuances
When a continuance is granted upon the motion of either the Commonwealth or the defendant without adequate notice to the adverse party, causing the adverse party to incur unnecessary expenses,
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a judge may in his discretion assess those expenses as costs against the party or counsel requesting the continuance.
Fines and fees
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Massachusetts Mass. R. Crim P. 6(d)(1) Summons to Appear; Arrest Warrant A judge may order that expenses incurred as a result of the entry of a default against a defendant are to be assessed as costs against the defendant. Fines and fees
Structure of Courts
State Statute Description/Statute Name Statutory language Court/legal body Function
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Massachusetts Mass. Gen. Laws ch. 211, § 3 Superintendence of Inferior Courts.

The supreme judicial court shall have general superintendence of all courts of inferior jurisdiction to correct and prevent errors and abuses therein if no other remedy is expressly provided; and

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it may issue all writs and processes to such courts and to corporations and individuals which may be necessary to the furtherance of justice and to the regular execution of the laws.

In addition to the foregoing, the justices of the supreme judicial court shall also have general superintendence of the administration of all courts of inferior jurisdiction, including, without limitation, the prompt hearing and disposition of matters pending therein, and the functions set forth in section 3C; and it may issue such writs, summonses and other processes and such orders, directions and rules as may be necessary or desirable for the furtherance of justice, the regular execution of the laws, the improvement of the administration of such courts, and the securing of their proper and efficient administration; provided, however, that general superintendence shall not include the authority to supersede any general or special law unless the supreme judicial court, acting under its original or appellate jurisdiction finds such law to be unconstitutional in any case or controversy. Nothing herein contained shall affect existing law governing the selection of officers of the courts, or limit the existing authority of the officers thereof to appoint administrative personnel.

Jurisdiction of the courts
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Massachusetts Mass. Gen. Laws ch. 211A § 11 Further Appellate Review.

There shall be no further appellate review by the supreme judicial court of any matter within the jurisdiction of the appeals court which has been decided by that court, except:—(a)

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where a majority of the justices of the appeals court deciding the case, or of the appeals court as a whole, certifies that the public interest or the interests of justice make desirable a further appellate review, or (b) where leave to obtain further appellate review or late review is specifically authorized by three justices of the supreme judicial court for substantial reasons affecting the public interest or the interests of justice. Upon the written order of a majority of the justices of the appeals court, the decision of a panel of the appeals court may be reviewed and revised by a majority of the justices of the appeals court. Such a review shall not be a condition precedent to obtaining further appellate review by the supreme judicial court.

Jurisdiction of the courts
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Massachusetts Mass. Gen. Laws ch. 211A, §§ 5, 10 Power to Execute Judgments, Orders, etc.; Concurrent Appellate Jurisdiction — Review in First Instance by Appeals Court.

Section 5. The appeals court shall be vested with all powers and authority necessary to carry into execution its judgments, decrees, determinations and orders in matters within its jurisdiction according

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to the rules and principles of common law and the Constitution and laws of the commonwealth, and subject to the appellate jurisdiction, supervision and superintendence of the supreme judicial court. The appeals court shall have original jurisdiction over the enforcement or review of final orders of the labor relations commission issued pursuant to section six or section six A of chapter one hundred and fifty A or section eleven of chapter one hundred and fifty E.

Section 10. Subject to such further appellate review by the supreme judicial court as may be permitted pursuant to section eleven or otherwise, the appeals court shall have concurrent appellate jurisdiction with the supreme judicial court, to the extent review is otherwise allowable, with respect to a determination made in the appellate tax board and in the superior court department, the housing court department, the land court department, the probate and family court department, the Boston municipal court department in criminal session, the Boston municipal court department appellate division, the juvenile court department, the district court department in criminal session, and the district court department appellate divisions, except in review of convictions for first degree murder. A report from any such department of the trial court of any case, in whole or in part, or any question of law arising therein shall be deemed to be within the concurrent appellate jurisdiction of the supreme judicial court and the appeals court.

Without regard to whether review is by appeal, report or otherwise, appellate review of decisions made in the appellate tax board and in the superior court department, the housing court department, the land court department, the probate and family court department, the Boston municipal court department and the appellate division thereof, the juvenile court department, and the district court department, and the appellate divisions thereof, if within the jurisdiction of the appeals court, shall be in the first instance by the appeals court except in the following cases in which appellate review shall be directly by the supreme judicial court without the necessity of any prior hearing or decision by the appeals court on the merits of the issues sought to be reviewed:

(A) Whenever two justices of the supreme judicial court issue an order direct review by the supreme judicial court in any case on appeal, either at the request of one of the parties or at the court's own initiative, upon finding that the questions to be decided are: (1) questions of first impression or novel questions of law which should be submitted for final determination to the supreme judicial court; (2) questions of law concerning the Constitution of the commonwealth or questions concerning the Constitution of the United States which have been raised in a court of the commonwealth; (3) questions of such public interest that justice requires a final determination by the supreme judicial court.

(B) Whenever the appeals court as a body or a majority of the justices of the appeals court considering a particular case certifies that direct review by the supreme judicial court is in the public interest.

Jurisdiction of the courts
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Massachusetts Mass. Gen. Laws ch. 218, § 26 Equity Jurisdiction; Promulgation of Rules and Forms.;

The district courts and divisions of the Boston municipal court department shall have original jurisdiction, concurrent with the superior court, of the following offenses, complaint of which shall be brought

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in the court of the district court department, or in the Boston municipal court department, as the case may be, within which judicial district the offense was allegedly committed or is otherwise made punishable:— all violations of by–laws, orders, ordinances, rules and regulations, made by cities, towns and public officers, all misdemeanors, except libels, all felonies punishable by imprisonment in the state prison for not more than five–years, the crimes listed in paragraph (1) of subsection (a) of section eight of chapter ninety B, subparagraph (1) of paragraph (a) of subdivision (1) of section twenty–four, paragraph (a) of section twenty–four G and paragraph (1) of section twenty–four L of chapter ninety, paragraph (a) of section thirty–two and paragraph (a) of section thirty–two A of chapter ninety–four C, and section thirty–two J of chapter ninety–four C, section 38B of chapter 127, section one hundred and thirty–one E of chapter one hundred and forty, sections thirteen K, 15A, 15D, 21A and 26 of chapter two hundred and sixty–five and sections sixteen, seventeen, eighteen, nineteen, twenty–eight, thirty, forty–nine and one hundred and twenty–seven of chapter two hundred and sixty–six, and sections one, fifteen and fifteen A of chapter two hundred and seventy–three, and the crimes of malicious destruction of personal property under section one hundred and twenty–seven of chapter two hundred and sixty–six, indecent assault and battery on a child under fourteen years of age, offenses under section 13B of chapter 268, conspiracy under section 7 of chapter 274, solicitation to commit a felony under section 8 of said chapter 274, escape or attempt to escape from any penal institution, forgery of a promissory note, or of an order for money or other property, and of uttering as true such a forged note or order, knowing the same to be forged. They shall have jurisdiction of proceedings referred to them under the provisions of section four A of chapter two hundred and eleven.

Jurisdiction of the courts
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Massachusetts Mass. Gen. Laws ch. 212, § 6 Jurisdiction — Criminal Jurisdiction.

Section 6. The court shall have original jurisdiction of all crimes. Crimes committed in that part of Scituate described in chapter three hundred and ninety-four of the acts of nineteen

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hundred and twelve shall be within the territorial jurisdiction of the court both in Norfolk county and in Plymouth county, and arrests and service of process in such cases may be made by an officer qualified to serve criminal process in Cohasset. Crimes committed in any part of Cambridge, Watertown or Newton lying in the Charles river basin shall be within the territorial jurisdiction of the court both in Middlesex county and in Suffolk county.

Jurisdiction of the courts
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Massachusetts Mass. Gen. Laws ch. 218, §§ 4, 19C District court jurisdiction; equity and powers and rules

Section 4. District courts shall be courts of record. They shall be courts of superior and general jurisdiction with reference to all cases and matters in which they have jurisdiction,

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and no order, decree, judgment, sentence, warrant, writ or process made, issued or pronounced by them need set out any adjudication or circumstances with greater particularity than would be required in other courts of superior and general jurisdiction, and the like presumption shall be made in favor of proceedings of such courts as would be made in favor of proceedings of other courts of superior and general jurisdiction. Each district court shall have a seal, which shall be in the custody of its clerk, and shall be affixed to all processes issued by such court requiring a seal.

Section 19C. The district court and Boston municipal court departments of the trial court shall have the same equitable powers and jurisdiction as is provided for the superior court pursuant to chapter 214 and the same authority with regard to declaratory judgments as is provided for the superior court pursuant to chapter 231A for the purpose of the hearing and disposition of summary process actions and of civil actions for money damages under section 19 of this chapter. The district courts shall have original jurisdiction in rem and personam of all actions arising under sections one hundred and twenty-seven A to one hundred and twenty-seven K, inclusive, of chapter one hundred and eleven. The district courts shall have equity powers only to the extent necessary to enforce the aforementioned sections, including the power to appoint receivers, grant injunctions and issue restraining orders as justice and equity may require and for punishing civil contempt of orders, rulings and decrees made or pronounced in the exercise of this jurisdiction. Subject to the approval of the supreme judicial court, the chief justice for the district court department may from time to time promulgate rules and prescribe forms for the efficient operation of such equity sessions in the courts of the district court department; and in the Boston municipal court department the chief justice for said department may promulgate such rules and prescribe such forms. Section 19C. The district court and Boston municipal court departments of the trial court shall have the same equitable powers and jurisdiction as is provided for the superior court pursuant to chapter 214 and the same authority with regard to declaratory judgments as is provided for the superior court pursuant to chapter 231A for the purpose of the hearing and disposition of summary process actions and of civil actions for money damages under section 19 of this chapter. The district courts shall have original jurisdiction in rem and personam of all actions arising under sections one hundred and twenty-seven A to one hundred and twenty-seven K, inclusive, of chapter one hundred and eleven. The district courts shall have equity powers only to the extent necessary to enforce the aforementioned sections, including the power to appoint receivers, grant injunctions and issue restraining orders as justice and equity may require and for punishing civil contempt of orders, rulings and decrees made or pronounced in the exercise of this jurisdiction. Subject to the approval of the supreme judicial court, the chief justice for the district court department may from time to time promulgate rules and prescribe forms for the efficient operation of such equity sessions in the courts of the district court department; and in the Boston municipal court department the chief justice for said department may promulgate such rules and prescribe such forms.

Jurisdiction of the courts
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Massachusetts Mass. Gen. Laws ch. 218, § 59 Juvenile Ct — Powers, Duties and Procedure.

Except as otherwise provided by law, the divisions of the juvenile court department shall have and exercise, within their respective jurisdictions, the same powers, duties, and procedure as the divisions

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of the district court department; and all laws relating to district courts or municipal courts in their respective counties or officials thereof or proceedings therein, shall, so far as applicable, apply to said divisions of the juvenile court department.

The divisions of the juvenile court department shall also have jurisdiction in equity concurrent with the supreme judicial court and with the superior court department in all cases and matters arising under the provisions of chapters 119 and 210.

Jurisdiction of the courts
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Massachusetts Mass. Gen. Laws ch. 211A, § 1 Court Established; Justices.

There shall be an intermediate appellate court to be known as the appeals court. The appeals court shall consist of a chief justice and twenty-four associate justices.

Creation of the courts
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Massachusetts Mass. Gen. Laws ch. 276A, § 2 Jurisdiction — District Courts and Boston Municipal Court; Offender's Qualifications for Diversion.

The district courts, and in Boston, the municipal court of the city of Boston, shall have jurisdiction to divert to a program, as defined in section one, any person who

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is charged with an offense or offenses against the commonwealth for which a term of imprisonment may be imposed and over which the district courts may exercise final jurisdiction and who has not previously been convicted of a violation of any law of the commonwealth or of any other state or of the United States in any criminal court proceeding after having reached the age of 18 years, except for traffic violations for which no term of imprisonment may have been imposed, who does not have any outstanding warrants, continuances, appeals or criminal cases pending before any courts of the commonwealth or any other state or of the United States, and who has received a recommendation from a program that he would, in light of the capacities of and guidelines governing it, benefit from participation in said program.

Jurisdiction of the courts
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Massachusetts Mass. Const. Pt. 2, C. 3, art. IV Provisions for Holding Probate Courts.

The judges of probate of wills, and for granting letters of administration, shall hold their courts at such place or places, on fixed days, as the convenience of the people

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shall require; and the legislature shall, from time to time, hereafter appoint such times and places; until which appointments, the said courts shall be holden at the times and places which the respective judges shall direct.

Creation of the courts
Case Law
State Citation Question Brief Answer Language from the opinion When does the case apply?
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Massachusetts Com. v. Gomes, 552 N.E.2d 101, 104 (Mass. 1990)
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof,
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the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
Defendant has a right to a hearing to determine willful default and a right to counsel at the hearing.
The Commonwealth concedes that the defendant was entitled to a hearing on the default. We agree. ….The defendant also maintains that he had the right to be represented by counsel
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at the hearing that should have been held on his default. He is correct.
Ability to pay
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Massachusetts Com. v. Henry, 55 N.E.3d 943, 949 (Mass. 2016)
In determining the defendant's ability to pay, the judge must consider the financial resources of the defendant, including income and net assets, and the defendant's financial obligations, including the amount
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necessary to meet minimum basic human needs such as food, shelter, and clothing for the defendant and his or her dependents.judge may also consider a defendant's ability to earn based on “the defendant's employment history and financial prospects,” but a judge may attribute potential income to the defendant only after specifically finding that the defendant is earning less than he or she could through reasonable effort. Judge should make determination at close of evidentiary hearing. Defndant has burden of proving inability to pay restitution.
“The amount of restitution is not merely the measure of the value of the goods and money *121 stolen from the victim by the defendant; ... the judge must also
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decide the amount that the defendant is able to pay and how such payment is to be made.” In practice, this means that, at the close of the evidentiary hearing, the judge must make two findings in deciding whether to order restitution as a condition of probation and, where ordered, the amount of restitution to be paid during the period of probation. First, the judge must determine the amount of the victim's actual economic loss causally connected to the defendant's crime. The Commonwealth bears the burden of proof as to this finding. The order of restitution may not exceed this amount.Second, the judge must determine the amount the defendant is able to pay.Where a defendant claims that he or she is unable to pay the full amount of the victim's economic loss, the defendant bears the burden of proving an inability to pay. Because we have not previously had the opportunity to articulate the legal standard for determining the defendant's ability to pay restitution, we do so here for the first time. In determining the defendant's ability to pay, the judge must consider the financial resources of the defendant, including income and net assets, and the defendant's financial obligations, including the amount necessary to meet minimum basic human needs such as food, shelter, and clothing for the defendant and his or her dependents.judge may also consider a defendant's ability to earn based on “the defendant's employment history and financial prospects,” but a judge may attribute potential income to the defendant only after specifically finding that the defendant is earning less than he or she could through reasonable effort.
Ability to pay