Massachusetts General Laws

Mass. Gen. Laws ch. 127, § 90A (2026)

Temporary release of committed offenders

✓ current as of July 2026
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Section 90A. The commissioner may extend the limits of the place of confinement of a committed offender at any state correctional facility by authorizing such committed offender under prescribed conditions to be away from such correctional facility but within the commonwealth for a specified period of time, not to exceed fourteen days during any twelve month period nor more than seven days at any one time; provided, however, that no committed offender who is serving a life sentence or a sentence in a state correctional facility for violation of section thirteen, thirteen B, 13B1/2, 13B3/4, fourteen, fifteen, fifteen A, fifteen B, sixteen, seventeen, eighteen, eighteen A, nineteen, twenty, twenty-one, twenty-two, twenty-two A, 22B, 22C, twenty-three, 23A, 23B, twenty-four, twenty-four B, twenty-five or section twenty-six of chapter two hundred and sixty-five, or section seventeen, thirty-four, thirty-five, or section thirty-five A of chapter two hundred and seventy-two, or for an attempt to commit any crime referred to in said sections shall be eligible for temporary release under the provisions of this section except on the recommendation of the superintendent on behalf of a particular committed offender and upon the approval of the commissioner; and, provided further, that no committed offender who has been convicted of murder in the first degree shall be eligible for temporary release under the provisions of this section. The administrator of a county correctional facility may grant like authorization to a committed offender in such facility. Such authorization may be granted for any of the following purposes: (a) to attend the funeral of a relative; (b) to visit a critically ill relative; (c) to obtain medical, psychiatric, psychological or other social services when adequate services are not available at the facility and cannot be obtained by temporary placement in a hospital under sections one hundred and seventeen, one hundred and seventeen A, and one hundred and eighteen; (d) to contact prospective employers; (e) to secure a suitable residence for use upon release on parole or discharge; (f) for any other reason consistent with the reintegration of a committed offender into the community. For the purposes of this section the word ''relative'' shall mean the committed offender's father, mother, child, brother, sister, husband or wife and, if his grandparent, uncle, aunt or foster parent acted as his parent in rearing such committed offender, it shall also mean such grandparent, uncle, aunt or foster parent.

A person away from a correctional facility pursuant to this section may be accompanied by an employee of the department, in the discretion of the commissioner, or an officer of a county correctional facility, in the discretion of the administrator.

Any expenses incurred under the provisions of this section may be paid by the correctional facility in which the committed offender is committed. A committed offender shall, during his absence from a correctional facility under this section, be considered as in the custody of the correctional facility and the time of such absence shall be considered as part of the term of sentence.

Notes of Decisions
Cited in 16 cases, 1973–2015 · leading case: Commonwealth v. Hughes, 305 N.E.2d 117 (Mass. 1973).
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Commonwealth v. Hughes, 305 N.E.2d 117 (Mass. 1973). · cites it 14× “268, § 16, did not apply to the failure to return from a furlough granted pursuant to G.L.c. 127, § 90A. General Laws c. 268, § 16, enumerated four specific circumstances of escape from correctional custody other than the Massachusetts Correctional Institution at Framingham: (1)…”
Commonwealth v. Boone, 477 N.E.2d 1026 (Mass. 1985). · cites it 6× “from any penal institution or from land appurtenant thereto, or from the custody of any officer thereof or while being conveyed to or from any such institution, or fails to return from temporary release granted under the provisions of [G. L. c. 127, § 90A] . . . .” The defendant…”
Est. of Patricia E. Gilmore, Joseph P. Gilmore v. John J. Buckley, 787 F.2d 714 (1st Cir. 1986). “The furlough program at Billerica was instituted in 1972 pursuant to Mass.Gen.Laws ch. 127, § 90A (1984), which authorizes the temporary release of “committed offenders] under prescribed conditions.”
Devlin v. Comm'r of Corr., 305 N.E.2d 847 (Mass. 1973). · cites it 3× “The plaintiffs challenge the determination by the defendants that an inmate who is serving a sentence of life imprisonment imposed after his conviction of murder in the first degree is not permitted under any circumstances to *436 temporary release under clause (f) of G. L. c.…”
Massachusetts Gen. Hosp. v. City of Revere, 434 N.E.2d 185 (Mass. 1982). “127, § 32 (prisoners are to be treated with “kindness”); G. L. c. 127, § 90A (release of prisoners requiring treatment in medical facilities); G.”
Kerins v. Lima, 680 N.E.2d 32 (Mass. 1997). “G. L. c. 127, § 90A (“the word ‘relative’ shall mean the committed offender’s father, mother, child, brother, sister, husband or wife and, if his grandparent, uncle, aunt or foster parent acted as his parent in rearing such committed offender, it shall also mean such…”
Commonwealth v. Donohue, 892 N.E.2d 718 (Mass. 2008). “Committed offenders may also be released into the community pursuant to G. L. c. 127, § 90A, which governs furloughs and temporary releases, and which is not at issue in this case.”
Rachal, 516 N.E.2d 169 (Mass. App. Ct. 1987). · cites it 2× “379: “If, during the term of imprisonment of a prisoner confined in a correctional institution of the Commonwealth, such prisoner shall commit any offense of which he shall be convicted and sentenced, he shall not be entitled to any deductions [for statutory good time] from the…”
DuPont v. Comm'r of Corr., 794 N.E.2d 1254 (Mass. App. Ct. 2003). “426, 428-429 (1973), interpreting G. L. c. 127, § 90A, and defining the status of a prisoner on furlough as in the custody of a correctional facility.”
Commonwealth v. Parzyck, 693 N.E.2d 187 (Mass. App. Ct. 1998). · cites it 5× “While serving a sentence in the Hampshire County house of correction, the defendant was granted a special tenrhour furlough for Thanksgiving Day, 1993, under the provi *656 sions of G. L. c. 127, § 90A. 1 He began drinking at some point during the day, failed to return from the…”
Commonwealth v. Sneed, 322 N.E.2d 435 (Mass. App. Ct. 1975). “While serving a sentence at Monroe Forestry Camp, the defendant failed to return from a furlough authorized by G. L. c. 127, § 90A, as appearing in St. 1972, c.”
Est. of Gilmore v. Buckley, 608 F. Supp. 554 (D. Mass. 1985). “The furlough program at Billerica was instituted in 1972 pursuant to Mass.Gen.Laws ch. 127, § 90A, which authorizes the Commissioner of Corrections or the superintendent of a county corrections facility to grant temporary releases for specified purposes under prescribed…”
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