Massachusetts General Laws

Mass. Gen. Laws ch. 277, § 15 (2026)

Discharge of accused person not indicted

✓ current as of July 2026

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Section 15. The grand jury shall, during its session, make daily return to the court of all cases wherein it has finally determined not to present an indictment against an accused person held in custody pending its action, and such person shall thereupon forthwith be discharged by order of the court unless he is held on other process. Whoever is held in custody on a charge of crime shall be discharged if he is not indicted before the end of the second sitting of the court at which he is held to answer, unless the court finds that the witnesses for the prosecution have been enticed or kept away, or are detained and prevented from attending the court by illness or accident, and except as provided in the following section.

Notes of Decisions

Cited in 4 cases, 1973–2008 · leading case: Commonwealth v. Dale D., 730 N.E.2d 278 (Mass. 2000).

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Commonwealth v. Dale D., 730 N.E.2d 278 (Mass. 2000). “The juvenile also cites G. L. c. 277, § 15, requiring an accused person held in custody pending a grand jury’s action to be discharged when the grand jury decides not to return an indictment, “unless he is held on other process.”

Commonwealth v. Matos, 634 N.E.2d 138 (Mass. App. Ct. 1994). “Before return of the indictment, on May 6, 1992, Matos filed a motion in Superior Court for an order discharging him from custody pursuant to G. L. c. 277, § 15. On May 7, a judge of that court allowed the motion but stayed the order discharging Matos pending appellate review.”

Commonwealth v. Steadman, 303 N.E.2d 356 (Mass. App. Ct. 1973). “2 The defendant’s counsel agreed that there was compliance with the provisions ofG.L. c.277, §§ 15 and72. 3 Neither witness was cross-examined, and the defendant offered no defense.”

Commonwealth v. Coleman, 24 Mass. L. Rptr. 474 (Mass. Super. Ct. 2008). · cites it 3× “G.L.c. 277, §15 provides as follows: The grand jury shall, during its session, make daily return to the court of all cases wherein it has finally *475 determined not to present an indictment against an accused person held in custody pending its action, and such person shall…”

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