Section 82 After-Hours Bail Fees
Chapter 262 of the General Laws is hereby amended by striking out section 24 and inserting in place thereof the following section:-
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 $40. The trial court shall be responsible for paying fees charged to take bail outside of regular working hours and any fee charged under this section for a bail taken outside of regular working hours shall be charged only to the trial court. Fee splitting arrangements are prohibited.
(b) A person authorized to take bail may administer through wire or electronic means any oath or affirmation required in the court 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. The person authorized to take bail shall receive the fee under subsection (a) after determining of the terms of release and the prisoner ultimately recognizes out-of-court.
Summary
This section transfers responsibility for compensating bail magistrates and commissioners for after-hours bail hearings to the Trial Court and permits bail to be set after court hours by remote or electronic means.