Massachusetts General Laws

Mass. Gen. Laws ch. 279, § 8A (2026)

Determination of time of taking effect of sentence; ''from and after'' sentence

✓ current as of July 2026

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Section 8A. For the purpose only of determining the time of the taking effect of a sentence which is ordered to take effect from and after the expiration of a previous sentence, such previous sentence shall be deemed to have expired when a prisoner serving such previous sentence shall have been released therefrom by parole or otherwise. Nothing in this section shall be construed to alter or control any provision of section one hundred and thirty-one or one hundred and forty-nine of chapter one hundred and twenty-seven.

Notes of Decisions

Cited in 18 cases, 1969–2017 · leading case: Commonwealth v. Peterson, 65 N.E.3d 1166 (Mass. 2017).

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Commonwealth v. Peterson, 65 N.E.3d 1166 (Mass. 2017). “In accordance with the provisions of [G. L. c. 279, § 8A,] such sentence shall begin from and after the expiration of the sentence for violation of [the predicate offense], “Lack of knowledge of school boundaries shall not be a defense to any person who violates the provisions…”

Delisle v. Commonwealth, 622 N.E.2d 601 (Mass. 1993). · cites it 2× “As the single justice concluded, it is clear that the sentencing judge intended that the B sentence follow the expiration of the A sentence. 2 The A sentence did not expire until all aspects, including the period of probation, were concluded.”

Commonwealth v. Pennellatore, 467 N.E.2d 820 (Mass. 1984). “, commutation of a life sentence), since G. L. c. 279, § 8A, expressly contemplates the commencement of a “from and after” sentence subsequent to the completion of a previous sentence served either to the end of its term or shortened by parole or commutation.”

Commonwealth v. Bell, 810 N.E.2d 796 (Mass. 2004). “In accordance with the provisions of [G. L. c. 279, § 8A] such sentence shall begin from and after the expiration of the sentence for violation of [G.”

Crooker v. Chairman of the Massachusetts Parole Bd., 645 N.E.2d 698 (Mass. App. Ct. 1995). · cites it 2× “In his memorandum of decision, the judge ruled that pursuant to G. L. c. 279, § 8A, Crooker’s B sentences began on February 19, 1985, the day Crooker was released on parole from both sentences.”

Henschel v. Comm'r of Corr., 330 N.E.2d 480 (Mass. 1975). “We do not agree with the defendants’ argument that G. L. c. 279, § 8A, requires a different result.”

Commonwealth v. Lewis, 670 N.E.2d 186 (Mass. App. Ct. 1996). “The defendant was sentenced to two years in a house of correction for the receiving a stolen motor vehicle offense and one year in the house of correction for the unauthorized use of a motor vehicle charge, that sentence to take effect “on and after” the expiration of the longer…”

Piggott v. Comm'r of Corr., 666 N.E.2d 1314 (Mass. App. Ct. 1996). “The judgment is reversed insofar as it fails to order retroactive relief for all current Massachusetts State and county prisoners erroneously denied earned good time credit during the Piggott time that are now serving a consecutive sentence under G. L. c. 279, § 8A (from and…”

Carlino v. Comm'r of Corr., 243 N.E.2d 799 (Mass. 1969). “G. L. c. 279, § 8A. Where the prisoner is serving concurrent sentences of different lengths, he is not released therefrom until the expiration of the longer sentence.”

Hutton v. Superintendent, Massachusetts Corr. Inst., Norfolk, 697 N.E.2d 1006 (Mass. App. Ct. 1998). · cites it 3× “127, §§ 129 2 and 133, G. L. c. 279, § 8A, and a joint policy statement (No.”

Babcock, 885 N.E.2d 853 (Mass. App. Ct. 2008). “8 The petitioner’s reliance on G. L. c. 279, § 8A, is misplaced. The statute provides in relevant part: “For the purpose only of determining the time of the taking effect of a sentence which is ordered to take effect from and after the expiration of a previous sentence, such…”

Guillemette v. Commonwealth, 377 N.E.2d 945 (Mass. 1978). “The record before us tells us nothing as to the basis on which parole was granted in 1975, nor as to the terms and conditions of parole. As the master pointed out, we cannot know whether the parole board would have granted the parole if its members had not supposed that…”

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