Mass. Gen. Laws » Part I Title XVIII Chapter 127
Massachusetts General Laws

Mass. Gen. Laws ch. 127, § 149 (2026)

Arrest for violation of permit; application of terms of original sentence; computation of period of confinement

✓ current as of July 2026
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Section 149. If a permit to be at liberty has been revoked, the parole board may order the arrest of the holder of such permit by any officer qualified to serve civil or criminal process in any county, and order the return of such holder to the prison or jail to which he was originally sentenced. A prisoner who has been so returned to prison or jail shall be detained therein according to the terms of his original sentence. In computing the period of his confinement, the time between the day of his release upon a parole permit and the day of issuance of a parole violation warrant shall be considered as part of the term of his original sentence. The time between the day after the issuance of the parole violator warrant until the service of said warrant shall not be considered as any part of the term of his original sentence. Service of the parole violation warrant shall be made effective forthwith upon arrest and imprisonment of the parole violator unless he is convicted of commission of a crime or found guilty of violating the conditions of federal or another state's parole or probation, then service of said parole violation warrant shall not be effective until the expiration of any additional sentences by parole or otherwise. If the parolee is found not guilty of the additional crimes charged or not guilty of violating the conditions of parole or probation then service of the warrant on the parolee shall be made effective on the date of this issuance of said warrant and the time served by him as a result of the parole violation warrant lodged as a detainer shall be considered as part of the original sentence. If the disposition of the new criminal charges or charges of violation of probation or parole is without a finding of guilt, the parole board may retroactively serve the parole violation warrant. The provisions of this section shall not be deemed to preclude the board from withdrawing a parole violation warrant at any time. In computing the period of the parolee's confinement, the time between the day after the issuance of the parole violation warrant until the withdrawal of said warrant shall not be considered as any part of the term of the parolee's original sentence.

Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 1940–2023 · leading case: Goetzendanner v. Superintendent, 883 N.E.2d 1250 (Mass. App. Ct. 2008).
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Goetzendanner v. Superintendent, 883 N.E.2d 1250 (Mass. App. Ct. 2008). · cites it 4× “327, provides, in relevant part: “Service of the parole violation warrant shall be made effective forthwith upon arrest and imprisonment of the parole violator unless he is convicted of commission of a crime or found guilty of violating the conditions of federal or another…”
Pina v. Superintendent, Massachusetts Corr. Inst., 382 N.E.2d 1079 (Mass. 1978). · cites it 2× “Although each day spent on parole counts toward satisfaction of a prisoner’s sentence, G. L. c. 127, § 149, the Commissioner subtracts the number of months on parole from the maximum term to determine the amount of good conduct deductions due.”
Smith v. State Parole Bd., 456 N.E.2d 784 (Mass. App. Ct. 1983). · cites it 5× “8 *149 The present case lies outside G. L. c. 127, § 149, and the cases just described because there was no sentence of imprisonment on the second offense; as permitted by G.”
Commonwealth v. Cole, 10 N.E.3d 1081 (Mass. 2014). “127, § 133D (c), provides in full: “An individual who violates a condition of [CPSL] shall be subject to the provisions of [G. L. c. 127, § 149]. If the parolee has served the entire period of confinement under his original sentence, the original term of imprisonment shall, upon…”
Kleczka v. Massachusetts, 259 F. Supp. 462 (D. Mass. 1966). · cites it 7× “Under G.L. c. 127 § 149 as amended, time on parole until revocation thereof is considered as part of the term of sentence and is not forfeited by a parole violation.”
Commonwealth v. Santiago, 474 N.E.2d 154 (Mass. 1985). “See G. L. c. 127, § 149. 5 The defendant’s trial counsel told the judge at the October 13 hearing: “It is my understanding and it was my thought at the time that [if] he plead[ed] guilty that he would be eligible in one-third.”
Diafario v. Comm'r of Corr., 358 N.E.2d 426 (Mass. 1976). “” G. L. c. 127, § 149, as appearing in St. 1972, c.”
Commonwealth v. Beauchamp, 595 N.E.2d 307 (Mass. 1992). “), which computes credit for good conduct; and (c) G. L. c. 127, § 149 (1990 ed.), which computes credit after an arrest on revocation of parole.”
Zullo, 653 N.E.2d 150 (Mass. 1995). “Circumstances concerning the issuance and execution of a parole revocation or revocation warrant are stated in G. L. c. 127, § 149 (1994 ed.). If a parole violator is serving a sentence or sentences elsewhere when such a warrant is served, service is not effective until “the…”
Durham v. Massachusetts Parole Bd., 416 N.E.2d 954 (Mass. 1981). · cites it 2× “See G. L. c. 127, § 149, as appearing in St. 1980, c.”
Zullo, 639 N.E.2d 1110 (Mass. App. Ct. 1994). · cites it 2× “We may pretermit the question whether the board’s refusal to credit him with the number of days he was available to serve the balance of his Massachusetts sentence transgressed G. L. c. 127, § 149, for the petitioner waived this claim during oral argument.”
Crooker v. Chairman of the Massachusetts Parole Bd., 645 N.E.2d 698 (Mass. App. Ct. 1995). · cites it 2× “The judge further ruled that, pursuant to G. L. c. 127, § 149, Crooker was entitled to credit against both the A and B sentences as long as he remained successfully on parole.”
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