Section 157 After-Hours Bail Fees

Chapter 262 of the General Laws is hereby amended by striking out section 24, as so appearing, 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 $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.