§ 6B — Consideration of defendant's status as primary caregiver of dependent child before imposing sentence

Massachusetts § 6B

• Jurisdiction: Massachusetts
• Part IV: CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES
• Title II: PROCEEDINGS IN CRIMINAL CASES
• Ch. 279: JUDGMENT AND EXECUTION

Text

Section 6B. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:—''Dependent child'', a person under 18 years of age.''Primary caretaker of a dependent child'', a parent with whom a child has a primary residence.(b) Unless a sentence of incarceration is required by law, the court may, upon conviction, consider the defendant's status as a primary caretaker of a dependent child before imposing a sentence. A defendant may request such consideration, by motion supported by an affidavit, not more than 10 days after the entry of judgment. Upon receipt of such a motion supported by an affidavit, the court shall make written findings concerning the defendant's status as a primary caretaker of a dependent child and alternatives to incarceration. If such a motion has been filed, the court shall not impose a sentence of incarceration without first making such written findings.