ATTORNEY GENERAL v. SHERIFF OF WORCESTER COUNTY


382 Mass. 57 (1980)

413 N.E.2d 722

ATTORNEY GENERAL vs. SHERIFF OF WORCESTER COUNTY (and a companion case).

Supreme Judicial Court of Massachusetts, Worcester.

December 3, 1980.


Attorney(s) appearing for the Case

Anthony P. Sager, Assistant Attorney General, for the Attorney General & another.

Edward F. O'Brien, Jr., for the Sheriff of Worcester County.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, WILKINS, & LIACOS, JJ.


BRAUCHER, J.

These cases question the authority of the Department of Public Health (DPH) under G.L.c. 111, §§ 2, 5, 20 and 21, to adopt "Minimum Health and Sanitation Standards and Inspection Procedures for Correctional Facilities and Detention Centers," 105 Code Mass. Regs. §§ 450.00 et seq., effective May 11, 1978 (regulations), as those regulations affect the Worcester County Jail and House of Correction (Jail). We hold that the regulations...

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