Who holds an arrestee overnight? In Massachusetts, it depends on the county

County sheriffs in Massachusetts have varying systems for housing arrested individuals overnight until they appear in court. The process depends on the county, with differences in who they accept, who covers the costs, and the assistance they expect from local police.

Plymouth, Suffolk, and Bristol counties have some of the highest refusal rates for detaining arrestees overnight. Bristol County led with a 12% refusal rate, followed by Plymouth at 10% and Suffolk at 7.6%. In contrast, Hampden County accepted all 1,684 pre-arraignment detainees it received during the same period without turning any away.

The law requires cities and towns with over 5,000 residents to maintain lockups for pre-arraignment detainees, though sheriffs are not legally obligated to house them. Many towns rely on county sheriffs for this task, either to save resources or due to a lack of suitable facilities.

Disputes over responsibility and staffing shortages can lead to refusals, consuming police time and taxpayer dollars. Hampshire County Sheriff Patrick Cahillane stated that sheriffs are not obligated to hold arrested individuals, but ethical considerations prompt their efforts. In contrast, Bristol County Sheriff Paul Heroux faces tension with local police over refusals, which shift the burden to under-resourced police departments.