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The 192nd General Court of the Commonwealth of Massachusetts

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

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.