Gardiner v. Commissioner of Correction

(dissenting, with whom Brown, J., joins). The substance of the plaintiff’s contention is that G. L. c. 127, § 83B,* 1 2must be read together with the fourth sentence of the first paragraph of G. L. c. 127, § 129, which authorizes the Commissioner to restore forfeited good conduct deductions “in the event of the prisoner’s subsequent good conduct.”2 From our examination of these provisions, and *430the legislative course of each of the statutes in which they are respectively contained, we conclude that the plaintiff is correct and that the judgment should be reversed.* *3

The prison camp escape…