Mass. Gen. Laws ch. 266 § 61
Current with Act changes effective as of September 9, 2024
If, upon a first conviction under the preceding section, it is shown that the act of stealing the property was a simple larceny, and if the person convicted makes restitution to the person injured to the full value of the property stolen and not restored, he shall not be imprisoned in the state prison.
Mass. Gen. Laws ch. 266, § 61