Massachusetts General Laws

Mass. Gen. Laws ch. 127, § 129B (2026)

Confinement while awaiting trial; reduction of sentence

✓ current as of July 2026

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Section 129B. The sentence of any prisoner in any correctional institution of the commonwealth or in any house of correction or jail, who was held in custody awaiting trial shall be reduced by the number of days spent by him in confinement prior to such sentence and while awaiting trial, unless the court in imposing such sentence had already deducted therefrom the time during which such prisoner had been confined while awaiting trial.

Notes of Decisions

Cited in 35 cases (4 in the last 5 years), 1961–2026 · leading case: Commonwealth v. Milton, 690 N.E.2d 1232 (Mass. 1998).

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Commonwealth v. Milton, 690 N.E.2d 1232 (Mass. 1998). · cites it 5× “279, § 33A; G. L. c. 127, § 129B. We granted the defendant’s .”

Commonwealth v. Morasse, 842 N.E.2d 909 (Mass. 2006). · cites it 2× “” In the event that the court fails to accord those days of credit at the time of sentencing, G. L. c. 127, § 129B, provides that the sentence of any prisoner “who was held in custody awaiting trial shall be reduced by the number of days spent by him in confinement prior to such…”

Manning v. Superintendent, Massachusetts Corr. Inst., 361 N.E.2d 1299 (Mass. 1977). · cites it 2× “279, § 33A, and G. L. c. 127, § 129B, 4 entitle him to credit on the Suffolk sentence for the entire period of time served since his arrest and incarceration on the Suffolk indictment, that is, from January 17, 1973, to the present.”

Giuseppe Spina v. Dep't of Homeland Sec., 470 F.3d 116 (2d Cir. 2006). “§ 11-502; Mass. Gen. Laws ch. 127, § 129B; Mich. Comp.”

Stearns, 175 N.E.2d 470 (Mass. 1961). · cites it 2× “” It is asserted that such reduction is required by G. L. c. 127, § 129B, inserted by St. 1960, c.”

Commonwealth v. Carter, 411 N.E.2d 184 (Mass. App. Ct. 1980). “” 3 G. L. c. 127, § 129B, as appearing in St.”

Commonwealth v. McLaughlin, 729 N.E.2d 252 (Mass. 2000). “53 (1961); G. L. c. 127, § 129B; G. L. c. 279, § 33A.”

Glasser v. Dir. of the Div. of Emp. Sec., 471 N.E.2d 1338 (Mass. 1984). “Under G. L. c. 127, § 129B, and G. L. c. 279, § 33A, the plaintiff should have been credited with the sixty-nine days that he had previously served.”

Commonwealth v. Blaikie, 487 N.E.2d 856 (Mass. App. Ct. 1986). · cites it 2× “” See also G. L. c. 127, § 129B, which provides: “The sentence of any prisoner .”

Commonwealth v. Holmes, 15 N.E.3d 741 (Mass. 2014). “See G. L. c. 127, § 129B; G. L. c. 279, § 33A.”

McNeil v. Comm'r of Corr., 633 N.E.2d 399 (Mass. 1994). “This argument is undercut by the Legislature’s addition of the effectively identical phrase “or in any house of correction or jail” to G. L. c. 127, § 129B, see St. 1961, c. 74, in a context in which it is clearly not intended to refer to pretrial detainees.”

Burno v. Comm'r of Corr., 503 N.E.2d 16 (Mass. 1987). “See G. L. c. 127, § 129B. Ordinarily, this would mean that Burno’s maximum twenty-year term would expire on October 8, 1990.”

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