Williams v. Superintendent, Massachusetts Treatment Center, 977 N.E.2d 545

Williams sought jail-time credit recalculation under G. L. c. 279, § 33A to include 14 days from June 9–23, 1987, which were not counted toward his rape sentence.
Two charges (wanton destruction of property; breaking and entering) were dismissed after Williams’s 1987 trial, while the rape and indecent assault charges proceeded.
Williams completed his rape sentence (10–20 years) and was discharged August 23, 2006; the SDP petition was filed August 22, 2006.
A 2011 motion in the Superior Court to recalculate credit was denied as untimely and moot because relief would not affect the already-served sentence; waiver findings followed.
Williams filed a G. L. c. 211, § 3 petition in county court, which the single justice denied, and Williams appealed.
Appeals Court proceedings related to the 14-day credit issue were stayed pending the supreme court’s resolution.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Williams waived his jail credit claim by delay.	Williams2 entitled to 14 days; delay no waiver.	Waiver due to filing after long lapse; no timely request.	No reversible error; waiver supported by delay.
Whether Williams was entitled to 14 days’ jail credit for dead time against the rape sentence.	Credit valid to avoid ‘dead time’ and SDP filing.	Credit not entitled; time was unrelated pretrial confinement.	Not entitled; timeliness and unrelated time doctrine apply.
Whether the SDP petition’s timing is affected by the potential credit adjustment.	Credit would render him non-prisoner at SDP filing.	Credit timing does not affect SDP procedures; unrelated to petition.	SDP timing not affected by late credit request; relief denied.

Commonwealth v. Milton, 427 Mass. 18 (Mass. 1998) (credit for time in custody prior to sentencing; dead time concept)
Commonwealth v. Grant, 366 Mass. 272 (Mass. 1974) (fairness; avoid double credit and dead time)
Manning v. Superintendent, 372 Mass. 387 (Mass. 1977) (credit against later sentence when appropriate; policy against dead time)
Commonwealth v. Foley, 17 Mass. App. Ct. 238 (Mass. App. Ct. 1983) (credit for time on unrelated charges when fair)
Commonwealth v. Harvey, 66 Mass. App. Ct. 297 (Mass. App. Ct. 2006) (dead time credit; fairness)
Commonwealth v. Morasse, 446 Mass. 113 (Mass. 2006) (legislative history and purpose of §33A)
Commonwealth v. Carter, 10 Mass. App. Ct. 618 (Mass. App. Ct. 1980) (prisoner generally not entitled to credit for jail time on unrelated offense)
Libby v. Commissioner of Correction, 353 Mass. 472 (Mass. 1968) (custody credit framework)
Kinney, 5 Mass. App. Ct. 457 (Mass. App. Ct. 1977) (credit considerations for unrelated offenses)
Chalifoux v. Commissioner of Correction, 375 Mass. 424 (Mass. 1978) (fairness and justice in credit decisions for time in custody)
Piggott v. Commissioner of Correction, 40 Mass. App. Ct. 678 (Mass. App. Ct. 1996) (strong policy against ‘dead time’; credit may be appropriate)
Barriere, 46 Mass. App. Ct. 286 (Mass. App. Ct. 1999) (whether credit requires adjudication rather than clerical correction)