Sumpter
Sumpter
Opinion of the Court
The sole issue in this case is whether pursuant to G. L. c. 127, § 49, consecutive sentences are to be aggregated for purposes of forfeiting statutory good conduct credits when an inmate escapes from work release. Section 49 reads in pertinent part as follows: “[A]ll deductions from the sentence or sentences [the inmate] was serving at the time of such escape, authorized by [G. L. c. 127, § 129
We summarize the material facts which are not contested. Effective February 3, 1972, the petitioner began serving a six to ten year sentence for assault and battery by means of a dangerous weapon. At the commencement of that sentence, the petitioner was awarded 1,500 days of statutory good conduct credits under G. L. c. 127, § 129. See Burno v. Commissioner of Correction, 399 Mass. 111, 114 (1987). On November 26, 1975, the petitioner was sentenced to a term of from fifteen to twenty years for the crime of rape. This sentence was to run from and after the expiration of the sentence he was presently serving. As noted, the petitioner was not entitled to any statutory good conduct credits for his rape conviction. G. L. c. 127, § 129. On or about December 10, 1985, the petitioner escaped from a work release program at the Massachusetts Correctional Institution at Shirley. He was at large until May 15, 1987. On December 21, 1987, following the conviction of escape, the petitioner was sentenced to three to five years in State prison, which sentence was to run concurrently with the sentence he was then serving. After the imposition of this sentence, the department authorized forfeiture of all the petitioner’s accrued statutory good conduct credits of 1,500 days on his conviction for assault and battery by means of a dangerous weapon and recalculated his maximum release date as August 30, 2000. If the department had not authorized forfeiture of the petitioner’s statutory good conduct credits on this conviction, he would have been entitled to a release date in August, 1996.
We now turn to the construction of § 49. At the outset, we
In ascertaining the Legislature’s intent, we look not only at the Legislature’s words, but also the “cause of [the statute’s] enactment, the mischief or imperfection to be remedied and the main object to be accomplished.” Commonwealth v. Galvin, 388 Mass. 326, 328 (1983), quoting from Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513 (1975). The text of § 49 in question was added by St. 1972, c. 777, § 13. At the time of its enactment a similar penalty provision was in effect for escapes from prison camps. G. L. c. 127, § 83B. As in the case of § 83B, we presume it was the intent of the Legislature to impose a mandatory penalty to deter prisoners from escaping in circumstances presenting the opportunity for doing so. Wood v. Commissioner of Correction, 363 Mass, at 83. Were we to adopt the construction being urged by the petitioner, there would be no such deterrent for a prisoner who was serving a sentence which was not entitled to any good conduct credits. Similarly, without a discernible reason, a prisoner serving a single sentence in most cases would suffer a greater penalty than those prisoners sentenced for the same total period but under consecutive sentences. In comparison, the department’s construction would insure that all prisoners would be exposed to an additional penalty upon their escape commensurate with the legislative purpose and achieve greater parity in treatment of prisoners similarly situated.
The petitioner asserts that we should reject that approach because the language in § 129, on which the court relied in the Diafario case, is not identical to the language used by the Legislature in § 49. Specifically the petitioner points to that provision in § 129 which reads, “[i]f a prisoner has two or more sentences to be served concurrently or otherwise, the maximum period of time for which he may be held under his sentences shall be the basis upon which the deduction shall be determined” (emphasis supplied). The lack of identical language does not necessarily prove varying intent. Goodwin v. Department of Pub. Util., 351 Mass. 25, 27 (1966). Instead, we are persuaded that the better course is to read the sections together so as to constitute a harmonious and consistent body of law. Johnson v. Johnson, 425 Mass. 693, 696 (1997). Cf. Wood v. Commissioner of Correction, 363 Mass, at 82 n.5.
Accordingly, we decide that the sentence or sentences the petitioner was serving at the time of his escape, for the purpose
Order denying petition affirmed.
General Laws c. 127, § 129, was repealed by St. 1993, c. 432, § 10, effective July 1, 1994. We review the petitioner’s appeal because his action was brought while § 129 was still in effect. See Cordeiro v. Commissioner of Correction, 37 Mass. App. Ct. 690, 693 n.6 (1994).
We decline to review the petitioner’s argument that he is entitled to a pro rata forfeiture of his good time credits since he did not raise this issue in Superior Court. See Commonwealth v. Marchionda, 385 Mass. 238, 242 (1982).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.