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McNEIL v. COMMISSIONER OF CORRECTION

417 Mass. 818 (1994)

633 N.E.2d 399

DOUGLAS McNEIL vs. COMMISSIONER OF CORRECTION.

Supreme Judicial Court of Massachusetts, Middlesex.

May 17, 1994.

Attorney(s) appearing for the Case

Thomas E. Abruzzese for the Commissioner of Correction.

Barry Barkow (Peter Costanza & James R. Pingeon with him) for the plaintiff.

Scott Harshbarger, Attorney General, & Pamela L. Hunt, Assistant Attorney General, for the Attorney General & another, amici curiae, submitted a brief.

John M. Townsend & Melissa J. Garand, for the Sheriff of the county of Berkshire & others, amici curiae, submitted a brief.

Present: LIACOS, C.J., ABRAMS, O'CONNOR, & GREANEY, JJ.

GREANEY, J.

We transferred this appeal to this court on our own motion to interpret G.L.c. 127, § 129D (1992 ed.), which provides for the grant of "good conduct credits" to be applied to the sentences of prisoners who participate in certain approved educational, training, and work programs. The precise issue is whether such credits should be applied to sentenced prisoners for their prior participation in approved programs while they were held in custody awaiting...

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