Massachusetts General Laws

Mass. Gen. Laws ch. 276, § 19 (2026)

Rights of arrested person; habeas corpus; notice; penalty

✓ current as of July 2026

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Section 19. No person arrested upon such a warrant shall be delivered over to the agent whom the executive authority of the demanding state shall have appointed to receive him unless such person shall first be taken forthwith before a justice or special justice of a court of record of this commonwealth, who shall inform such person of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and, if the prisoner or his counsel shall state that he desires to test the legality of his arrest, such justice or special justice shall fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the attorney general and to the district attorney for the district in which the arrest is made and for the district in which the accused is in custody, and to said agent of the demanding state.

Any officer who shall deliver to said agent of the demanding state a person in his custody under the warrant of the governor, in wilful disobedience of the provisions of this section, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or both.

Notes of Decisions

Cited in 15 cases, 1973–2007 · leading case: Hinnant, 678 N.E.2d 1314 (Mass. 1997).

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Hinnant, 678 N.E.2d 1314 (Mass. 1997). · cites it 4× “On May 10, 1995, Hinnant surrendered on the Governor’s warrant, and appeared before a judge of the Superior Court *903 for advisement of his rights under G. L. c. 276, § 19. 9 Hinnant’s counsel 10 informed the judge that he was unable to communicate with Hinnant, and explained…”

Commonwealth v. Wilson, 504 N.E.2d 1060 (Mass. 1987). · cites it 2× “G. L. c. 276, § 19. This procedure was also followed in the case of the defendant.”

Commonwealth v. Frias, 760 N.E.2d 300 (Mass. App. Ct. 2002). · cites it 3× “* ***** 7 See also G. L. c. 276, § 19. At the rendition hearing, the UCEA requires that a judge of the asylum State inform the defendant of the warrant for his surrender to the demanding State, the underlying charge, the right to counsel, and the right to test the legality of…”

Commonwealth v. Wilkinson, 613 N.E.2d 914 (Mass. 1993). · cites it 2× “G. L. c. 276, § 19. The question dispositive of the matter before us, therefore, is whether the Act abrogates the defendant’s common law right to seize a principal within the Commonwealth for surrender in another State.”

State v. Breest, 367 A.2d 1320 (N.H. 1976). “Mass. Gen. Laws. ch. 276, § 19. In such a proceeding the burden is on the defendant to prove that he was not in the demanding State at the time of the alleged crime.”

Tyree v. Commonwealth, 873 N.E.2d 741 (Mass. 2007). · cites it 4× “Tyree appeals from a judgment of a single justice of this court denying his petition for a writ of habeas corpus pursuant to G. L. c. 276, § 19. We affirm. Tyree was convicted in 1980 of murder in the first degree.”

Commonwealth v. Beauchamp, 595 N.E.2d 307 (Mass. 1992). “The defendant argues that he has a statutory right to fight rendition under G. L. c. 276, § 19 (1990 ed.), and that, if he is not credited with time spent fighting rendition, he is in essence punished for exercising such statutory right.”

Maldonado, 304 N.E.2d 419 (Mass. 1973). “But here we reach an issue of the kind alluded to above which lies outside the range of a habeas corpus application under G. L. c. 276, § 19. Possible denial of a speedy trial can be considered in Puerto Rico when the petitioner actually faces *366 revocation of probation; that…”

Consalvi, 382 N.E.2d 734 (Mass. 1978). “Each petitioner filed for habeas corpus in accordance with G. L. c. 276, § 19. A judge of the Superior Court denied the relief sought.”

Brown, 346 N.E.2d 830 (Mass. 1976). “See G. L. c. 276, § 19. Through counsel the petitioner duly made application for habeas corpus which was heard by a judge of the Superior Court on February 9, 1976.”

Hamel, 391 N.E.2d 962 (Mass. App. Ct. 1979). “A Superior Court judge dismissed her petition pursuant to G. L. c. 276, § 19, for a writ of habeas corpus, finding that she was the person actually sought and that she was in the demanding jurisdiction at the time of the commission of the alleged offense of escape.”

Whitehouse, 467 N.E.2d 228 (Mass. App. Ct. 1984). “G. L. c. 276, § 19. A Superior Court judge denied the petition and Whitehouse appealed.”

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