Massachusetts General Laws

Mass. Gen. Laws ch. 279, § 33A (2026)

Credit for days of confinement awaiting and during trial

✓ current as of July 2026

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Section 33A. The court on imposing a sentence of commitment to a correctional institution of the commonwealth, a house of correction, or a jail, shall order that the prisoner be deemed to have served a portion of said sentence, such portion to be the number of days spent by the prisoner in confinement prior to such sentence awaiting and during trial.

Notes of Decisions

Cited in 54 cases (4 in the last 5 years), 1962–2026 · leading case: Commonwealth v. Morasse, 842 N.E.2d 909 (Mass. 2006).

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Commonwealth v. Morasse, 842 N.E.2d 909 (Mass. 2006). · cites it 8× “” G. L. c. 279, § 33A. Prior to his change of plea and sentencing, the defendant had been released on bail, subject to pretrial probation conditions, including the requirement that he remain confined to his home and monitored by way of an electronic bracelet.”

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

Manning v. Superintendent, Massachusetts Corr. Inst., 361 N.E.2d 1299 (Mass. 1977). · cites it 4× “He was sentenced to a term of from three to five years, minus fourteen days’ credit under G. L. c. 279, § 33A, to be served from and after the Norfolk sentences.”

Commonwealth v. Brown, 92 N.E.3d 1189 (Mass. 2018). “See G. L. c. 279, § 33A. 11 Because the bail statute does not apply, we do address the defendant's additional argument that the judge did not comply with the statute's procedural requirements.”

Williams v. Superintendent, Massachusetts Treatment Ctr., 977 N.E.2d 545 (Mass. 2012). · cites it 3× “See G. L. c. 279, § 33A. 2 The motion was filed in 2011, nearly *628 five years after Williams had completed his sentence on an unrelated rape conviction, and sought to apply the fourteen days of credit to that sentence.”

Commonwealth v. Harvey, 847 N.E.2d 355 (Mass. App. Ct. 2006). · cites it 4× “At the heart of the case is G. L. c. 279, § 33A, as appearing in St. 1961, c.”

Commonwealth v. Holmes, 15 N.E.3d 741 (Mass. 2014). · cites it 2× “1 In 2011, while still incarcerated, he filed a motion “for time served on reversed or revised prior sentences under [G. L. c. 279, § 33A (6)],” seeking credit for the earlier sentence that he had completed serving on the vacated 1997 conviction.”

Kinney, 363 N.E.2d 1337 (Mass. App. Ct. 1977). · cites it 2× “The Supreme Judicial Court in Grant interpreted G. L. c. 279, § 33A, as appearing in St. 1961, c.”

Commonwealth v. Charles, 466 Mass. 63 (Mass. 2013). “Charles received 463 days of jail time credit pursuant to G. L. c. 279, § 33A. According to defense counsel, Charles completed service of the house of correction portion of his sentences as of April, 2013, and, with earned good time credit, he became eligible for parole on the…”

Commonwealth v. Barton, 908 N.E.2d 794 (Mass. App. Ct. 2009). · cites it 2× “1 He complains that the judge erred in denying his motion, pursuant to G. L. c. 279, § 33A. The Commonwealth opposes the grant of this credit on the ground that such an award would improperly give the defendant double credit.”

Commonwealth v. Foley, 457 N.E.2d 654 (Mass. App. Ct. 1983). · cites it 2× “The statute relating to credit for jail time, G. L. c. 279, § 33A (addressed to the sentencing judge), 3 see also G.”

Commonwealth v. Holmes, 989 N.E.2d 545 (Mass. App. Ct. 2013). · cites it 3× “G. L. c. 279, § 33A. This requirement, also straightforward in concept, becomes muddled when an individual already serving time is indicted for another offense, and claims to be in pretrial confinement on the new charge (thus entitled to credit) while simultaneously serving a…”

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