Commonwealth v. TerrellAnnotate this Case
The Supreme Judicial Court vacated the orders of the juvenile court judge requiring the Department of Youth Services (DYS) to credit the time that two youthful offenders spent detained in DYS custody prior to being adjudicated against their postadjudication confinement, holding that youthful offenders are not entitled to preadjudication detention credit like prisoners.
Defendants were indicted as youthful offenders and held without bail in DYS custody. The judge committed each defendant to DYS custody until the age of twenty-one and ordered DYS to credit the time each spent detained in DYS custody prior to being adjudicated. The Supreme Judicial Court vacated the orders requiring preadjudication credit, holding that Mass. Gen. Laws ch. 218, 59 does not authorize a juvenile court judge to order preadjudication detention credit for youthful offenders pursuant to Mass. Gen. Laws ch. 279, 33A, which applies to criminal defendants.