Section 3A: Participation in a pretrial services program in lieu of bail or as condition of release

329 words·~1 min read·/ma/part-iii/title-i/chapter-211f/3a

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Section 3A.

(a)Participation in a pretrial services program may be ordered by the court, in lieu of bail or as a condition of release consistent with sections 57, 58 and 58A of chapter 276. The court may dictate the duration and conditions of the pretrial services program. Any conditions should be imposed to ensure return of the defendant to court or, where permitted by law, to assure the safety of any person or the community.

(b)The probation department may utilize pretrial services programs for pretrial supervision consistent with sections 87 and 87A of chapter 276, upon agreement by the person before the court who is charged with an offense or crime.

(c)If the sheriff who has custody of a person held on bail under section 57 or 58 of chapter 276 determines that the person would benefit from entering a pretrial services program, the sheriff shall provide a written recommendation of such determination to the court, the commissioner of probation, the prosecuting office and the person or the person's attorney, where applicable. The prosecuting office may notify any victim of the sheriff's recommendation upon receipt of such recommendation. If the commissioner of probation or the prosecuting office objects to such recommendation, the commissioner or prosecuting office shall file written objection with the court within 14 days of receipt of such notice. Upon receipt of such objection, the court may set the matter for hearing. After expiration of the time for filing objections and after hearing, if applicable, the court shall either decline to modify its earlier bail order or make an order under subsection

(a)of this section authorizing the person's participation in a pretrial services program. In no event shall the person held on bail be ordered under this paragraph to enter a pretrial services program without that person's consent.

(d)Placement of a person in a pretrial services program shall require victim notification as required under subsection

(t)of section 3 of chapter 258B.