Mass. Gen. Laws » Part IV Title II Chapter 276
Massachusetts General Laws

Mass. Gen. Laws ch. 276, § 58B (2026)

Revocation of release and detention order following violation of release conditions

✓ current as of July 2026
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Section 58B. A person who has been released after a hearing pursuant to sections 42A, 58, 58A or 87 and who has violated a condition of his release, shall be subject to a revocation of release and an order of detention. The judicial officer shall enter an order of revocation and detention if after a hearing the judicial officer finds (1) that there is probable cause to believe that the person has committed a federal or state crime while on release, or clear and convincing evidence that the person has violated any other condition of release; and (2) the judicial officer finds that there are no conditions of release that will reasonably assure the person will not pose a danger to the safety of any other person or the community; or the person is unlikely to abide by any condition or combination of conditions of release.

If there is probable cause to believe that, while on release, the person committed a federal felony or an offense described in clause (1), a rebuttable presumption arises that no condition or combination of conditions will assure that the person will not pose a danger to the safety of any other person or the community. If the judicial officer finds that there are conditions of release that will assure that the person will not pose a danger to the safety of any other person or the community, and that the person will abide by such conditions, the judicial officer shall treat the person in accordance with the provisions of this section and may amend the conditions of release accordingly. Upon the person's first appearance before the judicial officer in the court which will conduct proceedings for revocation of an order of release under this section, the hearing concerning revocation shall be held immediately unless that person or the attorney for the commonwealth seeks a continuance. During a continuance the person shall be detained without bail unless the judicial officer finds that there are conditions of release that will reasonably assure that the person will not pose a danger to the safety of any other person or the community and that the person will abide by conditions of release. If the person is detained without bail, except for good cause, a continuance on motion of the person shall not exceed seven days, a continuance on motion of the attorney for the commonwealth or probation shall not exceed three business days. A person detained under this subsection, shall be brought to trial as soon as reasonably possible, but in the absence of good cause, a person so held shall not be detained for a period exceeding ninety days excluding any period of delay as defined in Massachusetts Rules of Criminal Procedure Rule 36(b)(2).

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2000–2026 · leading case: Josh J., a Juv. v. Commonwealth, 89 N.E.3d 1123 (Mass. 2018).
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Josh J., a Juv. v. Commonwealth, 89 N.E.3d 1123 (Mass. 2018). · cites it 11× “276, § 58, and G. L. c. 276, § 58B, specifically with regard to the number of days an individual may be held without bail after a bail revocation hearing.”
Paquette v. Commonwealth, 795 N.E.2d 521 (Mass. 2003). · cites it 2× “276, § 58A), and the enactment of G. L. c. 276, § 58B, which allows a judge to revoke the bail of such dangerous person for the violation of a condition of his release.”
Jake J. v. Commonwealth, 740 N.E.2d 188 (Mass. 2000). · cites it 3× “Depending on our answer to these two questions, we are asked, finally, whether the judge may follow the procedure outlined in G. L. c. 276, § 58B, for revoking bail for violation of conditions set forth pursuant to § 5 8A, where the Legislature has not articulated the procedure…”
Commonwealth v. Pagan, 837 N.E.2d 252 (Mass. 2005). “contrast, under G. L. c. 276, § 58B, “[a] person who has been released after a hearing pursuant to § 58A [the dangerousness statute] and who has violated a condition of his release, shall be subject to a revocation of release and an order of detention” (emphasis added).”
Commonwealth v. Preston P., a Juv. (Mass. 2020). · cites it 13× “592 (2002)[,] in contemplation of the Commonwealth's dismissal of the case upon the juvenile's successful completion, does [G. L. c. 276, § 58B,] govern the The notice of violation also contained an asserted 3 noncriminal violation.”
Velazquez v. Commonwealth (Mass. 2023). · cites it 3× “276, § 58B, "a defendant's release may be revoked where, after hearing, a judge makes two findings: (1) that there is probable cause to believe that a person on pretrial release has committed a new crime while on release, or clear and convincing evidence that the person has…”
Commonwealth v. Anthony Govan (Mass. 2025). · cites it 3× “At the July 14 hearing, the defendant was advised of the potential for bail revocation under G. L. c. 276, § 58B. The Commonwealth moved for a dangerousness hearing under G.”
Commonwealth v. Allison, 18 Mass. L. Rptr. 507 (Mass. Super. Ct. 2004). · cites it 4× “At his arraignment on that charge in the District Court on May 28, 2004, that Court ordered his bail on this case revoked, relying on G.L.c. 276, §58B. This Court’s records do not reflect any notice to this Court of that action, and Counsel for both sides in this case report…”
Commonwealth v. Tanner (Mass. 2026). “70 , 82-83 (2020) (because G. L. c. 276, § 58B, neither precludes nor authorizes reconsideration of pretrial detention orders, judges may exercise their inherent authority to reconsider such orders).”
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