Supreme Judicial Court, July 30, 2015
A person serving a house of correction sentence, which was ordered to be served on weekends, has “escaped” within the meaning of G.L. c. 268, § 16, by failing to report on a particular Friday.
By reviewing the language of G.L. c. 268, § 16, the court found that the defendant was “temporarily released” from the house of correction each Monday morning, and until such time as he completed his sentence, he was in constructive custody as “a prisoner of a penal institution.” His failure to return to the house of correction by 6:00 PM on a Friday was a “failure to return from a temporary release from the institution.”