Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 41 (2026)

Sentence not imposing imprisonment; specific reasons in record

✓ current as of July 2026
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Section 41. In sentencing a person for a violation of any provision of this chapter, the penalty for which includes imprisonment, a judge sitting in superior court or in a jury of six session who does not impose such sentence of imprisonment shall include in the record of the case specific reasons for not imposing a sentence of imprisonment. Notwithstanding any general or special law to the contrary, the record of such reasons shall be a public record.

Notes of Decisions
Cited in 1 case, 2003–2003 · leading case: Commonwealth v. Renderos, 799 N.E.2d 97 (Mass. 2003).
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Commonwealth v. Renderos, 799 N.E.2d 97 (Mass. 2003). · cites it 2× “The judge entered findings, pursuant to G. L. c. 265, § 41, 7 that the defendant had no criminal record and that he was the sole support of his family, including a seriously ill child, to justify his decision not to sentence the defendant to a term of imprisonment.”
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