Instruction 2.520, Criminal Model Jury Instructions for Use in the District Court

IMPOSING SENTENCE

Clerk: [Name of defendant] , hearken to the sentence of the Court.

The Court, having duly considered your offense, on complaint number

_____ sentences you:

INCARCERATION

House of correction. to be imprisoned in the house of correction in (our)

(the) County of _____ for the term of _____ ,

Jail. to be imprisoned in the common jail in (our) (the) County of

_____ , for the term of _____ ,

Weekend sentence in house of correction or jail. to be imprisoned in the (house of

correction) (common jail) in (our) (the) County of _____ for the term of

_____ days. The Court further orders that such sentence be served (in

whole) (in part) (on weekends and legal holidays) (at periodic intervals, as

follows: _______ ), in accordance with the “Special Sentencing Form” of

the Court, which will be given to you by the probation officer.

If sentence suspended. and the Court further orders that the

execution of this sentence be suspended and that you be placed

on probation for a term of [time] . The Court further orders

that you (pay a probation supervision fee of _____ dollars)

(engage in _____ hours of community work service in lieu of a

probation supervision fee) during each month of such probation.

You must see the probation officer before you leave today.

If defendant committed. and you stand committed in pursuance

of this sentence. The Court further orders that you be deemed

to have served _____ days of this sentence.

To impose consecutive (“from and after”) sentences. The Court further

orders that the sentence imposed on complaint number _____

shall take effect from and after the expiration of the sentence

imposed on complaint number _____.

To impose a consecutive sentence where defendant is already serving a sentence

The Court further orders that the sentence imposed on

complaint number _____ shall take effect from and after the

expiration of all sentences previously imposed.

To impose concurrent sentences. The Court further orders that the

sentence imposed on complaint number _____ shall be served

concurrently with the sentence imposed on complaint number

_____.

To impose a concurrent sentence where defendant is already serving a sentence.

The Court further orders that the sentence imposed on

complaint number _____ shall be served concurrently with the

sentence you are now serving at [where] .

PROBATION

Straight probation. to be placed on probation for a term of [time] ,

subject to the rules and regulations of the probation department. The

Court further orders that you (pay a probation supervision fee of _____

dollars) (engage in _____ hours of community work service in lieu of a

probation supervision fee) during each month of such probation. You must

see the probation officer before you leave today.

MONEY PAYMENTS

Fine and surfine. to pay a fine of _____ dollars (plus a surfine of _____

dollars),

Victim/witness assessment. and the Court further orders that you pay a

victim/witness assessment of _____ dollars,

O.U.I. or Negligent Operation head injury assessment. and the Court further orders

that you pay an assessment of $___ for the Head Injury Treatment Services

Trust Fund,

O.U.I. victims assessment. and the Court further orders that you pay an

assessment of $___ for the Victims of Drunk Driving Trust Fund,

O.U.I. § 24D fee. and the Court further orders that you pay a fee of $___

to support efforts to reduce drunk driving,

Batterers intervention program assessment. and the Court further orders that you

pay an assessment of $___ because of your referral to a certified batterers

intervention program,

Drug analysis fee. and the Court further orders that you pay a fee of

_____ dollars for the Drug Analysis Fund,

GPS fee. and the Court further orders that you pay a fee of _____

dollars monthly for the cost of monitoring your whereabouts with a global

positioning system device,

Restitution. and the Court further orders that you pay restitution to

[victim’s name] in the amount of $ _____ ,

If any required amount must be paid forthwith. and you stand committed

until such sum is paid.

If all required amounts are suspended. and the Court further orders

that payment of such sum be suspended until [date] .

RIGHT OF APPEAL

After imposition of any sentence. You have a right of appeal to the Appeals

Court within thirty days.

DISPOSITIONS NOT INVOLVING A SENTENCE

Filing. The Court orders that complaint number _____ be filed upon

your consent. Do you consent?

Mental health commitment for examination to aid sentencing. On complaint number

____ , the Court orders that you be committed to (a facility of the

Department of Mental Health) (the Bridgewater State Hospital) for a period

not to exceed forty days for observation and examination to aid the Court

in sentencing, pursuant to General Laws chapter 123, section 15(e).

Mental health commitment after verdict of not guilty by reason of lack of criminal responsibility. On

complaint number _____, the Court orders that you be committed to (a

facility of the Department of Mental Health) (the Bridgewater State Hospital)

for a period not to exceed forty days for observation and examination as to

your present mental condition, pursuant to General Laws chapter 123,

section 16(a).

These sentencing formularies are adapted from Jury Trial Manual for Criminal Offenses Tried in the

District Court, Appendix VIII. Some of the language was originally drawn from T.S. Bakas, Trial

Clerk’s Manual (Superior Court Criminal Sessions) (1979).