Does the Defendant Get Credit for Time Served Out of State Pending Rendition to Massachusetts?
The answer is “yes” if fairness so requires. It is also “yes” if the defendant was held pending rendition to Massachusetts and he or she immediately waives rendition. If the defendant delays the process by failing to waive rendition or frivolously contesting it, the answer is “no.” In Chalifoux v. Commissioner of Correction, 372 Mass. 387 (1977), a prisoner escaped while serving time in Massachusetts and was convicted of a new crime in California while on escape. The California court imposed a sentence to be served concurrently with his Massachusetts sentence. The court stated in the record its intent that the prisoner be released to Massachusetts authorities to return to serving his Massachusetts sentence. Massachusetts lodged a detainer with California authorities, but the Massachusetts Department of Correction informed California that it would refuse to take the prisoner into custody. They also told the prisoner he would not be returned to Massachusetts due to overcrowding. He was e
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