Section 102D Notice of seizure of explosive or incendiary device resulting from a violation of Secs. 102 to 102C; restitution - Massachusetts Statutes

[ Text of section added by St.2010, 160, Sec. 6 effective July 15, 2010.]

  Section 102D. (a) Notice of the seizure of an explosive, destructive or incendiary device or substance, any weapon or the component parts thereof, in violation of any provision of section 102 to 102C, inclusive, shall be sent forthwith to the state fire marshal by the officer who made such seizure. The marshal may, in his sole discretion, render safe or direct any other official to assist him in rendering safe any item so seized, if such item cannot be safely kept pending trial. Upon final conviction of such person, such explosive, device, substance or weapon, or component parts thereof, shall be adjudged forfeited to the commonwealth and be disposed of by the marshal or his authorized representative.

  (b) Upon conviction for a violation of sections 102 to 102C, inclusive, the court shall conduct a hearing to ascertain the extent of costs incurred, damages and financial loss suffered by local, county or state public safety agencies and the amount of property damage caused as a result of the violation of this section, if any. A person found guilty of violating sections 102 to 102C, inclusive, shall, in all cases, in addition to any other punishment, be ordered to make restitution to the local, county or state government for any costs incurred, damages and financial loss sustained as a result of the commission of such offense. Restitution shall be imposed in addition to incarceration or fine; provided, however, that the court shall consider the defendant's present and future ability to pay in its determinations regarding a fine. In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.