Full Ruling: https://www.mass.gov/files/documents/2020/04/03/12926.pdf

People held pretrial on bail, bail revocation, or a probation hold for “non-violent”/“non-serious” offenses are entitled to an expedited review hearing within 2 days of when their attorney files a motion. For people who are held pretrial, not found to be dangerous, and not charged with an “excluded crime” (described below), the presumption is the person will be released on recognizance unless the District Attorney objects. The judge will consider whether the person is a very high risk of flight, whether they pose an unreasonable danger to the community, and their release plan. The presumption of release does not prevent judges from ordering other pretrial conditions as well.

In general, people who are charged with most “crime against a person” offenses and certain other “serious crimes” are excluded from the presumption of release. Those crimes include murder, attempted murder, manslaughter, firearm charges, armed and ununarmed robbery, sex offenses, various kinds of aggravated assault, trafficking in cocaine or heroin over 200 grams and trafficking in fentanyl. Read Appendix A, attached to the court’s decision (beginning on page 41), to see whether your specific charge is listed as an “excluded crime.” These people may still seek a bail review on changed circumstances because of the COVID-19 emergency, but they will not receive a presumption of release.

People who have been serving sentences for less than 60 days may move to have their sentences revised and revoked under changed circumstances from the COVID-19 emergency.

People who are pursuing appellate proceedings or a motion for a new trial may seek a stay of execution of sentence.

When people are arrested, the bail magistrate will have to consider the likelihood of spreading or being infected by COVID19 and the person’s age and health conditions before setting bail.

When people are arraigned, the judge will have to consider the likelihood of spreading or being infected by COVID19 and the person’s age and health conditions before setting bail.

The court declined to suspend or vacate any outstanding warrants.

Except as already ordered by the trial court, the Supreme Judicial Court did not further suspend in-person drug testing by private vendors (like AverHealth) or any other conditions of pretrial release, probation, or parole. 

What you can do:

1) Share this info with your incarcerated loved one(s).

2) Reach out to their attorney ASAP if you think your loved one may be eligible for a review that could lead to their release.

3) Keep fighting for your loved one. There are other emergency motions you can file with the court (like a habeas motion), especially if your loved one is 60 or older and has a health condition.