Mass. Gen. Laws ch. 127 § 90A

Current through Chapter 231 of the 2024

Section 127:90A - Temporary release of committed offenders

The commissioner may extend the limits of the place of confinement of a committed offender at any state correctional facility by authorizing such committed offender under prescribed conditions to be away from such correctional facility but within the commonwealth for a specified period of time, not to exceed fourteen days during any twelve month period nor more than seven days at any one time; provided, however, that no committed offender who is serving a life sentence or a sentence in a state correctional facility for violation of section thirteen, thirteen B, 13B1/2, 13B 3/4, fourteen, fifteen, fifteen A, fifteen B, sixteen, seventeen, eighteen, eighteen A, nineteen, twenty, twenty-one, twenty-two, twenty-two A, 22B, 22C, twenty-three, 23A, 23B, twenty-four, twenty-four B, twenty-five or section twenty-six of chapter two hundred and sixty-five, or section seventeen, thirty-four, thirty-five, or section thirty-five A of chapter two hundred and seventy-two, or for an attempt to commit any crime referred to in said sections shall be eligible for temporary release under the provisions of this section except on the recommendation of the superintendent on behalf of a particular committed offender and upon the approval of the commissioner; and, provided further, that no committed offender who has been convicted of murder in the first degree shall be eligible for temporary release under the provisions of this section. The administrator of a county correctional facility may grant like authorization to a committed offender in such facility. Such authorization may be granted for any of the following purposes:

(a) to attend the funeral of a relative;

(b) to visit a critically ill relative;

(c) to obtain medical, psychiatric, psychological or other social services when adequate services are not available at the facility and cannot be obtained by temporary placement in a hospital under sections one hundred and seventeen, one hundred and seventeen A, and one hundred and eighteen;

(d) to contact prospective employers;

(e) to secure a suitable residence for use upon release on parole or discharge;

(f) for any other reason consistent with the reintegration of a committed offender into the community. For the purposes of this section the word "relative" shall mean the committed offender's father, mother, child, brother, sister, husband or wife and, if his grandparent, uncle, aunt or foster parent acted as his parent in rearing such committed offender, it shall also mean such grandparent, uncle, aunt or foster parent.

A person away from a correctional facility pursuant to this section may be accompanied by an employee of the department, in the discretion of the commissioner, or an officer of a county correctional facility, in the discretion of the administrator.

Any expenses incurred under the provisions of this section may be paid by the correctional facility in which the committed offender is committed. A committed offender shall, during his absence from a correctional facility under this section, be considered as in the custody of the correctional facility and the time of such absence shall be considered as part of the term of sentence.

Mass. Gen. Laws ch. 127, § 90A

Amended by Acts 2010, c. 267,§§ 37, 38, 39 eff. 11/5/2010.