LegalFix

Section 87b - Compliance Credits Earned by Eligible Offender; Accrual; Revocation; Calculation of Supervision Termination Date

MA Gen L ch 276 § 87b (2019) (N/A)
Copy with citation
Copy as parenthetical citation

[Text of section applicable as provided by 2018, 72, Sec. 20.]

Section 87B. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:—

''Compliance'', the absence of a judicial finding of a violation of court-ordered conditions of post-disposition probation supervision.

''Compliance credits'', credits that an eligible offender earns through compliance with court-ordered terms of post-disposition probation supervision; provided, however, that such credits shall operate to reduce the length of post-disposition probation supervision.

''Eligible offender'', an offender whose sentence includes incarceration followed by a term of probation supervision upon conviction of one or more criminal offenses who has been released to probation after serving the incarcerated sentence or incarcerated portion of the sentence, except any such person who is under post-disposition supervision for a sex offense as defined in section 178C of chapter 6.

(b) An eligible offender shall earn compliance credits as follows:

(i) an eligible offender shall begin to accrue compliance credits on the first day of the calendar month following 1 year of supervision on probation;

(ii) after completing 1 year of supervision on probation up to and including completion of 2 years of supervision on probation, on the first day of each calendar month, an eligible offender shall earn 5 days of compliance credits if the eligible offender was in compliance for the prior calendar month; and

(iii) after completing 2 years of supervision, on the first day of each calendar month, an eligible offender shall earn 10 days of compliance credits if the eligible offender was in compliance for the previous calendar month.

(c) Compliance credits shall not accrue during any calendar month in which a violation of probation is pending. Once a violation of probation hearing is held, if the court does not find a violation, compliance credits shall be awarded retroactive to the filing of the violation.

(d) If the court finds a violation of court-ordered conditions of post-disposition probation supervision, then (i) the eligible offender may not be awarded compliance credits for the time during which the violation was pending and (ii) the court may also revoke any earned compliance credits. If the court places the eligible offender in a correctional institution upon revocation, any compliance credits previously earned by the eligible offender shall be revoked.

(e) The probation service shall calculate an eligible offender's supervision termination date, taking into consideration any earned compliance credits at the end of each calendar quarter. Upon such calculation, the probation service shall inform the eligible offender of the termination date.

(f) At sentencing, the court shall notify an eligible offender that compliance with post-disposition supervision conditions shall result in earning compliance credits.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 87b - Compliance Credits Earned by Eligible Offender; Accrual; Revocation; Calculation of Supervision Termination Date