Chapter 248

Section 1. Whoever is imprisoned or restrained of his liberty may, as of right and of course, prosecute a writ of habeas corpus, according to this chapter, to obtain release from such imprisonment or restraint, if it proves to be unlawful, unless— First, He has been committed for…

Section 10. Any person to whom the writ is directed shall receive it, and, upon payment or tender of the charges demandable for its execution, shall make due return thereof within five days after receiving it.

Section 11. The person in whose custody the prisoner is found shall state in writing, plainly and unequivocally, to the court or justice before whom the writ is returnable— First, Whether the prisoner is in his custody or power or under his restraint. Second, If the prisoner is i…

Section 12. The person who makes the statement shall at the same time produce the prisoner, if in his custody or power or under his restraint, according to the command of the writ, unless prevented by the illness or infirmity of the prisoner.

Section 13. If by reason of the illness or infirmity of the prisoner he cannot without danger be taken to the place appointed for the return of the writ, that fact shall be stated in the statement and, if proved, the judge may proceed to the place where the prisoner is confined a…

Section 14. If the court to which the writ is returnable is not sitting for the transaction of business when the writ is returned, the return shall be made before a justice thereof. If the writ is returned before a justice when the court is sitting for the transaction of business…

Section 15. After the writ has been returned, the prisoner may deny any of the facts set forth in the statement and may allege any other material facts; and the court or justice shall examine summarily and without delay the causes of the imprisonment or restraint, hear the eviden…

Section 16. If it appears from the return of the writ or otherwise that the prisoner is detained on a process under which another person has an interest in continuing his imprisonment or restraint, he shall not be discharged until notice has been given to such other person or his…

Section 17. If it appears from the return of the writ or otherwise that the prisoner is imprisoned on a criminal accusation, he shall not be discharged until notice has been given to the attorney general or other attorney for the commonwealth.

Section 18. Until judgment is given, the court or justice may remand the prisoner, bail him to appear from day to day, commit him to the sheriff of the county, or place him under such other care and custody as the circumstances of the case require.

Section 19. If the prisoner is detained for a cause or crime for which he is bailable, he shall be admitted to bail if sufficient bail is offered; and if not, he shall be remanded with an order of the court or justice expressing the amount in which he shall be held to bail and th…

Section 2. The writ may be issued, irrespective of the county in which the person is imprisoned or restrained, by the supreme judicial or the superior court, by a probate or a district court or by a judge of any of said courts.

Section 20. If the prisoner has been committed on mesne process in a civil action for want of bail, and it appears that the amount for which bail was required is excessive and unreasonable, the court or justice shall decide how much bail is reasonable, and shall order that on giv…

Section 21. If a person is committed to jail on a criminal accusation for want of bail, a justice of the superior court or of a district court or a trial justice may issue a writ of habeas corpus and cause the prisoner to be brought before him, when it is necessary for the purpos…

Section 22. If the prisoner is lawfully imprisoned or restrained and is not entitled to be admitted to bail, he shall be remanded to the person from whose custody he was taken or any other person or officer authorized by law to detain him.

Section 23. If no legal cause is shown for the imprisonment or restraint, the court or justice shall discharge the prisoner.

Section 24. No person who has been discharged upon a habeas corpus shall be again imprisoned or restrained for the same cause, unless indicted therefor, convicted thereof, or committed for want of bail by a court of record having jurisdiction of the cause; or unless, after a disc…

Section 25. This chapter shall not affect the power of the supreme judicial court, or the superior court, or a justice thereof, to issue a writ of habeas corpus in its discretion, and thereupon grant bail to a person for whatever cause he has been committed or restrained, or to d…

Section 26. An officer who refuses or neglects for six hours to deliver a printed copy of the warrant contained in the warrant management system or process by which he detains a prisoner to any person who demands such copy and tenders the fees therefor shall forfeit two hundred d…

Section 27. If a person to whom a writ of habeas corpus is directed refuses to receive it, or neglects to execute it according to the provisions of this chapter and no sufficient excuse is shown therefor, the court or justice before whom the writ was returnable shall forthwith by…

Section 28. If such attachment is issued against a sheriff or his deputy, it may be directed to a special sheriff or to some other person designated therein, who shall have full power to execute it; and if the sheriff or his deputy is to be committed upon such process, he may be …

Section 29. Upon the refusal or neglect of the person to whom the writ of habeas corpus is directed to receive and execute it, the court or justice may issue a precept to any officer or other person designated therein, commanding him to bring the prisoner forthwith before such co…

Section 3. The petition for the writ shall be in writing, signed and sworn to by the person for whose release it is intended, or by a person in his behalf, and shall state by whom and where the person is imprisoned or restrained, the name of the prisoner and of the person detaini…

Section 30. Whoever refuses or neglects to receive and execute a writ of habeas corpus shall forfeit four hundred dollars to the party aggrieved thereby.

Section 31. Whoever resists the service of the writ of habeas corpus, or disobeys it when served, shall be liable to attachment as for a contempt of the court or justice before whom the writ is returnable.

Section 32. Whoever, having in his custody or power a person entitled to a writ of habeas corpus, transfers him to the custody, or places him under the power or control, of another person, conceals him or changes the place of his confinement, with intent to evade the service of s…

Section 33. The recovery of any penalty imposed by the foregoing provisions of this chapter shall not bar an action at common law for false imprisonment, or for a false return to the writ of habeas corpus, or for any other injury or damage sustained by the aggrieved party.

Section 34. This chapter shall not authorize the taking of a person by writ of habeas corpus out of the custody of the United States marshal, or his deputy, who holds him by legal and sufficient process issued by any court or magistrate of competent jurisdiction; but this section…

Section 35. No person shall be deprived of his liberty or held in custody by any person or in any place against his will or, if he is a minor, against the will of his parents, guardian or other person entitled to his custody, except by due process of law; but this section shall n…

Section 36. Whoever has reason to believe that another person is deprived of his liberty or held in custody in violation of the preceding section may file a petition, on the oath of the petitioner, in the probate court for the county where such person is believed to be detained, …

Section 37. Upon the filing of such petition, the court shall cause notice to be served upon all the supposed custodians or persons alleged to be detaining or holding in custody said person, as stated in said petition, or as otherwise known, ordering them to appear before said co…

Section 38. The court may examine the witnesses separately and may permit the petitioner, parent, guardian or other person entitled to the custody of a person deprived of his liberty, in person or by counsel, to examine publicly his alleged custodian as to the condition of such p…

Section 39. The probate court may request the district attorney for the district where it is held to attend the examination under the preceding section, and to conduct or assist in conducting the examination. If the court is unable to obtain satisfactory information, or to satisf…

Section 4. The court or magistrate to whom the petition is presented shall, without delay, issue a writ of habeas corpus, substantially in the form heretofore established and used in the commonwealth, and returnable forthwith to the supreme judicial court, or a justice thereof, a…

Section 40. The fees for the service of process and notices and for summoning witnesses shall, upon the approval of the court or district attorney, be paid by the commonwealth if the petitioner is not able to pay them.

Section 5. If the imprisonment or restraint is not by a sheriff, deputy sheriff or jailer, the writ shall be in the following form: Commonwealth of Massachusetts. (Seal.) To the sheriffs of our several counties and to their respective deputies, Greeting. We command you that the b…

Section 6. If the writ is issued by the court when sitting for the transaction of business, it shall be signed, by hand or electronically, by the clerk, otherwise by the magistrate issuing it, and may be served in any county by any sheriff or deputy sheriff.

Section 7. The person who has the custody of the prisoner may be designated by his office or by his own name, or, if they are unknown or uncertain, he may be described by a fictitious name and the person upon whom the writ is served shall be held to be the person intended.

Section 8. The person restrained shall be designated by name, if known; otherwise, he may be so described as to identify him.

Section 9. If the person restrained is confined in jail or is in the custody of a civil officer, the court or magistrate granting the writ shall certify thereon the amount to be paid for the expense of transporting him from the place of imprisonment, and the officer shall not be …