Massachusetts General Laws

Mass. Gen. Laws ch. 276, § 52A (2026)

Removal of accused person to another county or to a correctional institution; return; proceedings; costs

✓ current as of July 2026

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Section 52A. Persons held in jail for trial may, with the approval of the district attorney, and shall, by order of a justice of the superior court, be removed by the commissioner of correction to a jail in another county, and said commissioner shall, at the request of the district attorney, cause them to be returned to the jail whence they were removed. In addition, such persons, if they have been previously incarcerated in a correctional institution of the commonwealth under sentence for a felony, may, with the approval of the district attorney, be removed by the commissioner of correction to a correctional institution of the commonwealth, and said commissioner shall, at the request of the district attorney, cause them to be returned to the jail where they were awaiting trial. The proceedings for such removals shall be the same as for the removal of prisoners from one jail or house of correction to another. The cost of support of a person so removed and of the removals shall be paid by the county whence he is originally removed.

Notes of Decisions

Cited in 16 cases, 1977–2020 · leading case: Comm'r of Corr. v. Superior Court Dep't of the Trial Court, 842 N.E.2d 926 (Mass. 2006).

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Comm'r of Corr. v. Superior Court Dep't of the Trial Court, 842 N.E.2d 926 (Mass. 2006). · cites it 4× “In this case, we consider whether G. L. c. 276, § 52A, authorizes a judge in the Superior Court to order the “removal” (transfer) of pretrial detainees from a county jail to a State correctional facility.”

Comm'r of Corr. v. McCabe, 576 N.E.2d 654 (Mass. 1991). · cites it 5× “268, § 16, may be held in custody as a pretrial detainee and removed to await trial at a correctional institution as provided by G. L. c. 276, § 52A (1990 ed.). 3 The commissioner also sought related injunctive relief.”

MacDougall v. Commonwealth, 852 N.E.2d 1080 (Mass. 2006). · cites it 6× “As explained below, G. L. c. 276, § 52A, authorizes such a transfer, without a judicial determination, where a defendant has been “previously incarcerated in a correctional institution of the commonwealth under sentence for a felony.”

Commonwealth v. Foxworth, 40 N.E.3d 1003 (Mass. 2015). · cites it 2× “In April, 2006, the defendant was arrested on charges of *154 murder and conspiracy complaints in the instant case. He thereafter was remanded to State custody at Old Colony, pursuant to G.”

Kinney, 363 N.E.2d 1337 (Mass. App. Ct. 1977). · cites it 2× “The petitioner asserts that G. L. c. 276, § 52A, as amended through St.”

Holloman v. Clarke, 244 F. Supp. 3d 223 (D. Mass. 2017). “Section 52A permits the transfer of a pretrial detainee from county jail to a state correctional institution if the detainee has previously resided in such a facility while serving a Massachusetts felony sentence.”

Richardson v. Sheriff of Middlesex Cnty., 553 N.E.2d 1286 (Mass. 1990). · cites it 2× “To reduce the total population of the jail as follows: (a) To 260 immediately, (b) To 240 within sixty days of the issuance of this order, (c) To 220 within one hundred twenty days of the issuance of this order, (d) To 200 within one hundred eighty days of the issuance of this…”

Ford v. Clarke, 746 F. Supp. 2d 273 (D. Mass. 2010). · cites it 3× “The request was made pursuant to Mass. Gen. Laws ch. 276, § 52A (“Section 52A”), which provides as follows: Persons held in jail for trial may, with the approval of the district attorney, and shall, by order of a justice of the superi- or court, be removed by the commissioner of…”

Attorney Gen. v. Sheriff of Suffolk Cnty., 477 N.E.2d 361 (Mass. 1985). “The Sheriff responded to this problem of overcrowding by transferring detainees to jails in other counties with the cooperation of sheriffs in those counties and by transferring those detainees who had previously served sentences for felo *627 nies in State institutions to the…”

Dexter v. Superintendent, Massachusetts Corr. Inst., Concord, 36 N.E.3d 1280 (Mass. App. Ct. 2015). · cites it 2× “The defendant asserts that a pretrial detainee who is held pursuant to G. L. c. 276, § 52A, is considered a transient inmate under 103 Code Mass.”

Commonwealth v. Bloom, 760 N.E.2d 297 (Mass. App. Ct. 2001). “, Cedar Junction, was anything other than as authorized by G. L. c. 276, § 52A. 5 Moreover, the defendant has provided no authority for his argument that jeopardy should attach to his continued pretrial detention at the correctional facility.”

Holloman v. Clarke, 236 F. Supp. 3d 493 (D. Mass. 2017). “Holloman contends that the transfer from Nashua Street Jail to MCI-Concord, made pursuant to M.G.L. c. 276 § 52A, was unconstitutional and in violation of Massachusetts law.”

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