McNeil v. Commissioner of Correction

We transferred this appeal to this court on our own motion to interpret G. L. c. 127, § 129D (1992 ed.), which provides for the grant of “good conduct credits” to be applied to the sentences of prisoners who participate in certain approved educational, training, and work programs. The precise issue is whether such credits should be applied to sentenced prisoners for their prior participation in approved programs while they were held in custody awaiting trial. The Commissioner of Correction (commissioner) argues that § 129D does not apply to pretrial detainees. The plaintiff, Douglas McNeil,…