Massachusetts General Laws

Mass. Gen. Laws ch. 127, § 97 (2026)

Transfers from and to correctional institutions; approval

✓ current as of July 2026
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Section 97. The commissioner may transfer any sentenced prisoner from one correctional institution of the commonwealth to another, and with the approval of the sheriff of the county from any such institution except a prisoner serving a life sentence to any jail or house of correction, or a sentenced prisoner from any jail or house of correction to any such institution except the Massachusetts Correctional Institution, Cedar Junction, or from any jail or house of correction to any other jail or house of correction. Prisoners so removed shall be subject to the terms of their original sentences and to the provisions of law governing parole from the correctional institutions of the commonwealth.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1975–2024 · leading case: Brown v. Comm'r of Corr., 474 N.E.2d 1059 (Mass. 1985).
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Brown v. Comm'r of Corr., 474 N.E.2d 1059 (Mass. 1985). · cites it 6× “” 2 Thus, the Commissioner of Correc *90 tian (commissioner) could not transfer an unindicted prisoner to MCI Walpole, pursuant to G. L. c. 127, § 97. 3 On appeal, the commissioner asks us to overrule that portion of Jones v.”
Longval v. Comm'r of Corr., 535 N.E.2d 588 (Mass. 1989). “379, 397 [1983]; G. L. c. 127, § 97 [1986 ed.]) or the ability to place a prisoner in an A.”
Sheriff of Middlesex Cnty. v. COMM. OF Corr., 421 N.E.2d 75 (Mass. 1981). · cites it 2× “The plaintiffs further point to the provisions of G. L. c. 127, § 97, which states that the commissioner may transfer a prisoner from a State correctional institution to a county jail or house of correction only “with the approval of the sheriff of the county.”
Nelson v. Comm'r of Corr., 456 N.E.2d 1100 (Mass. 1983). “See G. L. c. 127, § 97. To the extent the judge treated the petition as a complaint for declaratory relief, the judge should have declared the rights of the parties and ordered relief.”
MacDougall v. Commonwealth, 852 N.E.2d 1080 (Mass. 2006). · cites it 2× “” G.L. c. 127, § 97. See G.L. c. 127, §§ 120, 121.”
Commonwealth v. Hayes, 362 N.E.2d 905 (Mass. 1977). “279, § 31, to Concord, does not involve the statutory parole standards of G.L.c. 127, § 97. Eligibility for parole appears rather to be determined by guidelines established by the parole board.”
Hastings v. Comm'r of Corr., 424 Mass. 46 (Mass. 1997). “” G. L. c. 127, § 97 (1994 ed.). A prisoner cannot harbor a reasonable expectation of remaining at a particular prison, or in a particular custodial setting, so long as prison officials retain discretion to transfer him “for whatever reason or for no reason at all.”
Commonwealth v. Lunde, 453 N.E.2d 446 (Mass. 1983). “The judge wrote to the superintendent of Walpole suggesting that the defendant be transferred to Bridgewater State Hospital.”
Henschel v. Comm'r of Corr., 330 N.E.2d 480 (Mass. 1975). “G. L. c. 127, § 97, which permits transfers of prisoners between correctional institutions and county houses of correction but prohibits transfers from a house of correction to the State prison at Walpole.”
Bolton v. Krantz, 764 N.E.2d 878 (Mass. App. Ct. 2002). “46, 49-50 (1997), citing G. L. c. 127, § 97. Therefore, any convenience that may have accompanied the choice of a particular forum based upon the relevant party’s place of incarceration at the time the suit was filed may become singularly inconvenient at a later point.”
Ferreira v. Duval, 887 F. Supp. 374 (D. Mass. 1995). · cites it 2× “The Transfer Relying on G.L. c. 127, § 97, Ferreira claims that his transfer from MCI-Cedar Junction to MCI-Norfolk Receiving Building violated his due process rights because it was not approved by the Commissioner of Corrections.”
Ladetto v. Comm'r of Corr., 385 N.E.2d 273 (Mass. App. Ct. 1979). “G. L. c. 127, § 97 (as appearing in St. 1968, c.”
Show all 16 citing cases →
— Mass. Gen. Laws ch. 127, § 97(b) — 1 case
Kent v. Commonwealth, 10 Mass. L. Rptr. 1 (Mass. Super. Ct. 1999).
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