Section 6B. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:—

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Terms Used In Massachusetts General Laws ch. 279 sec. 6B

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.

”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.