Massachusetts General Laws

Mass. Gen. Laws ch. 276, § 20D (2026)

Bail

✓ current as of July 2026

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Section 20D. Unless the offence with which the person arrested is charged is shown to be an offence punishable by death or life imprisonment under the laws of the state in which it was committed, such court or justice may admit such person to bail by bond or undertaking, with sufficient sureties, and in such sum as such court or justice deems proper, conditioned for his appearance before such court or justice, at a time specified in such bond or undertaking, and for his surrender to be arrested upon the warrant of the governor; provided, however, that if such person is arrested for a crime committed in the commonwealth, any bail by bond or undertaking shall be assessed pursuant to sections 42, 42A, 57, 58 and 58A.

Notes of Decisions

Cited in 6 cases, 1982–2014 · leading case: Angel Lopez-Valenzuela v. Cnty. of Maricopa, 770 F.3d 772 (9th Cir. 2014).

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Angel Lopez-Valenzuela v. Cnty. of Maricopa, 770 F.3d 772 (9th Cir. 2014). · cites it 2× “§ 5-202 (prohibiting pretrial release for an arrestee charged with escaping from a correctional facility); Mass. Gen. Laws ch. 276, § 20D (capital offenses and offenses punishable by life imprisonment nonbailable); Mich.”

Hinnant, 678 N.E.2d 1314 (Mass. 1997). · cites it 3× “See G. L. c. 276, § 20D. In April, 1995, a doctor at Veterans’ Administration Medical Center in Boston concluded that Hinnant was “functionally incompetent” and unable to “comprehend the charges against him” or to “take part in his own defense.”

Angel Lopez-Valenzuela v. Cnty. of Maricopa, 719 F.3d 1054 (9th Cir. 2013). · cites it 2× “whatever the punishment of the crimes may be”); Mass. Gen. Laws ch. 276, § 20D (categorical denial of bail to those charged with a capital offense or offense punishable by life imprisonment); Mich.”

Upton, 439 N.E.2d 1216 (Mass. 1982). · cites it 2× “See G. L. c. 276, § 20D. On May 5, 1981, he was arrested on a warrant issued by the Governor of this Commonwealth and, on his arraignment that day in Barnstable District Court, he was advised of his right to challenge his arrest by filing a petition for a writ of habeas corpus.”

Whitehouse, 467 N.E.2d 228 (Mass. App. Ct. 1984). “G. L. c. 276, § 20D. When the warrant arrived some months later Whitehouse, by arrangement, voluntarily surrendered himself in the Superior Court sitting in Barnstable County and filed his petition for habeas corpus that day.”

Angel Lopez-Valenzuela v. Cnty. of Maricopa (9th Cir. 2014). “§ 5-202 (prohibiting pretrial release for an arrestee charged with escaping from a correctional facility); Mass. Gen. Laws ch. 276, § 20D (capital offenses and offenses punishable by life imprisonment nonbailable); Mich.”

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