Mass. Gen. Laws » Part IV Title II Chapter 279
Massachusetts General Laws

Mass. Gen. Laws ch. 279, § 1 (2026)

Suspension of execution; payment of fine; probation; revocation of suspension; exceptions

✓ current as of July 2026
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Section 1. When a person convicted before a court is sentenced to imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended and that he be placed on probation for such time and on such terms and conditions as it shall fix. When a person so convicted is sentenced to pay a fine and to stand committed until it is paid, the court may direct that the execution of the sentence, or any part thereof, be suspended for such time as it shall fix and in its discretion that he be placed on probation on condition that he pay the fine within such time. If the fine does not exceed two hundred dollars and the court finds that the defendant is unable to pay it when imposed, the execution of the sentence shall be suspended and he may in its discretion be placed on probation, unless the court shall find that he will probably default, or that such suspension will be detrimental to the interests of the public. If he is committed for nonpayment of a fine, the order of commitment shall contain a recital of the findings of the court on which suspension is refused. The fine shall be paid in one payment, or in part payments, to the probation officer, and when fully paid the order of commitment shall be void. The probation officer shall give a receipt for every payment so made, shall keep a record of the same, shall pay the fine, or all sums received in part payment thereof, to the sheriff if such fine is imposed in the superior court, or to the clerk of the court if such fine is imposed in the district court, at the end of the period of probation or any extension thereof, and shall keep on file the sheriff's or clerk's receipt therefor. If during or at the end of said period the probation officer shall report that the fine is in whole or in part unpaid, and in his opinion the person is unwilling or unable to pay it, the court may either extend said period, place the case on file or revoke the suspension of the execution of the sentence. When such suspension is revoked, in a case where the fine has been paid in part, the defendant may be committed for default in payment of the balance.

The provisions of this section shall not permit the suspension of the execution of the sentence of a person convicted of a crime punishable by death or imprisonment for life. In granting probation under this section, the court shall include in its terms and conditions of probation that the person convicted shall pay any child support due under a support order, as defined in section 1A of chapter 119A, including payment toward any arrearage of support that accrues or has accrued or compliance with any payment plan between the person convicted and the IV–D agency as set forth in said chapter 119A.

When a person is sentenced by a court upon conviction of any crime, he shall be informed by the probation department on a form provided by the department of criminal justice information services that he will have a criminal record that may be accessible to the public under certain conditions, and of his rights pertaining thereto, as provided in sections one hundred and sixty-seven through one hundred and seventy-eight of chapter six.

When a person is sentenced to pay a fine of any amount or is assessed fines, fees, costs, civil penalties or other expenses at disposition of a case, the court shall inform that person that: (i) nonpayment of the fines, fees, costs, civil penalties or expenses may result in commitment to a correctional facility; (ii) payment must be made by a date certain; (iii) failure to appear at such date certain or failure to make the payment may result in the issuance of a default; and (iv) if an inability to pay exists as the result of a change in financial circumstances or for any other reason, the person has a right to address the court if the person alleges that such assessed fines, fees, costs, civil penalties or other expenses would cause a substantial financial hardship to the person, the person's immediate family or the person's dependents.

Notes of Decisions
Cited in 35 cases, 1923–2014 · leading case: Aldoupolis v. Commonwealth, 435 N.E.2d 330 (Mass. 1982).
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Aldoupolis v. Commonwealth, 435 N.E.2d 330 (Mass. 1982). · cites it 38× “*262 The judge revoked the suspension of the execution of the sentences (1) noting the "public interest in the sentences" previously imposed; (2) questioning the legality, in light of G.L.c. 279, §§ 1 and 1A, of a suspended sentence for the crime of rape charged under G.”
Commonwealth v. Forde, 466 N.E.2d 510 (Mass. 1984). · cites it 3× “See G. L. c. 279, § 1. There was no error. *459 General Laws c.”
Commonwealth v. Tuitt, 473 N.E.2d 1103 (Mass. 1985). · cites it 3× “[12] As the defendant notes, armed robbery is such a crime, and had the defendant been sentenced only for armed robbery, the sentence could have been suspended.”
Commonwealth v. Goodwin, 933 N.E.2d 925 (Mass. 2010). · cites it 2× “224, 228 (1995); G. L. c. 279, § 1 ("When a person convicted before a court is sentenced to imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended and that he be placed on probation for such time and on such terms and conditions…”
Commonwealth v. McIntyre, 767 N.E.2d 578 (Mass. 2002). · cites it 2× “276, §§ 87, 87A, and G. L. c. 279, § 1. See Harland, Monetary Remedies for the Victims of Crime: Assessing the Role of the Criminal Courts, 30 U.”
Hennessy v. Superintendent, Mass. Corr. Inst., 438 N.E.2d 329 (Mass. 1982). · cites it 2× “” See G. L. c. 279, § 1. The parties disagree on the proper application of the deductions provided in G.”
Commonwealth v. Jackson, 344 N.E.2d 166 (Mass. 1976). “The defendant distinguishes the means used to defer or suspend the imposition of sentence from that used to suspend the execution of sentence (see G. L. c. 279, §§ 1, 1A), and apparently argues that, while the Legislature may be able to limit a court’s ability to suspend a…”
Commonwealth v. Denehy, 2 N.E.3d 161 (Mass. 2014). “258B, § 3 *737 (indicating that restitution should be afforded to victims of crime “to the greatest extent possible”).”
Commonwealth v. Bongarzone, 455 N.E.2d 1183 (Mass. 1983). “94C, § 32E (c)(2), and G. L. c. 279, §§ 1 and 1 A. The short answer to this claim is that the result in Gagnon (I) did not turn on any conflict between those two statutes.”
Commonwealth v. Day, 444 N.E.2d 384 (Mass. 1983). “G. L. c. 279, § 1. The sentence was stayed pending appeal.”
Commonwealth v. Cole, 10 N.E.3d 1081 (Mass. 2014). “See G. L. c. 279, §§ 1, 1A. If the defendant violates a condition of his probation, a judge adjudicates the probation revocation proceeding and “determines whether a violation in fact occurred.”
Commonwealth v. Gagnon, 441 N.E.2d 753 (Mass. 1982). “The Legislature must be presumed to have been aware *572 of the reach of G. L. c. 279, §§ 1 4 & 1A, 5 when it amended § 32.”
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