Skip navigation
× You have 2 more free articles available this month. Subscribe today.

Massachusetts Pretrial Detainee Transfer to State Prison Invalid

The Massachusetts Supreme Judicial Court (SJC) held that a lower court lacked authority to order the transfer of pretrial detainees from a county jail to a state prison.

On August 16, 2005, the Worcester County District Attorney submitted a written request to the Worcester County Superior Court for the transfer of 51 pretrial detainees from the Worcester County Jail to a state prison, due to overcrowding.

The Superior Court granted the request and faxed a copy of its order to the Commissioner of Corrections. The Commissioner moved to vacate the order, but the Superior Court denied the motion.

The SJC reversed, holding that the Superior Court did not have the authority to order such a transfer. The Court held that only the Department of Corrections has the authority to approve such a transfer under Massachusetts law. See: Commissioner of Corrections v. Superior Court, SJC No. SJC-09634 (2/27/06).

Source: Associated Press

As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

Related legal case

Commissioner of Corrections v. Superior Court