Monday, February 27, 2006 SJC says judges cannot order transfer of pretrial detainees
Worcester T&G Associated Press
BOSTON (AP)— The state’s highest court today rejected the transfer of Worcester County jail inmates to state prisons, ruling that the state Department of Correction — not a Superior Court judge — has the authority to approve such transfers.
The Supreme Judicial Court found that Worcester Superior Court Judge John McCann did not have the authority to approve the transfer of 51 inmates from the county jail to state prisons.
The transfers were sought by Worcester District Attorney John Conte and Sheriff Guy Glodis last summer because of overcrowding in the jail in West Boylston, which was designed to hold just over 800 detainees but was holding as many as 1,400.
The state Department of Correction appealed the decision, saying it opened the door for sheriffs to use state prisons to relieve their own overcrowding problems.
In its ruling, the SJC said that the DOC commissioner has the discretion to either accept or reject detainee transfers. The court said that if Superior Court judges sitting in every county were allowed to decide how many pretrial detainees would be transferred from county jails to state prisons, it could “wreak havoc” on the management of the correctional system.
The court found that the commissioner “is in the best position to know whether and which state facilities have bed space, whether those facilities include an appropriate level of security, and whether such facilities are geographically suitable to accept any particular detainee.”
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