Massachusetts General Laws

Mass. Gen. Laws ch. 276A, § 7 (2026)

Expiration of stay or continuance; report of successful completion or recommendation of extension

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Section 7. Upon the expiration of the initial ninety-day stay of proceedings or a continuance without a finding, the program director shall submit to the court a report indicating the successful completion of the program by a defendant or recommending an extension of the stay of proceedings or a continuance without a finding for not more than an additional ninety days, so that the defendant may complete the program successfully.

If the report indicates the successful completion of the program by a defendant, the judge may dismiss the original charges pending against the defendant. If the report recommends an extension of the stay of proceedings or a continuance without a finding, the judge may, on the basis of the report and any other relevant evidence, take such action as he deems appropriate, including the dismissal of the charges, the granting of an extension of the stay of proceedings or a continuance without a finding, or the resumption of criminal proceedings. In the event that an extension of the stay of proceedings or a continuance without a finding is granted, the program director shall submit a final report upon the expiration of such stay of proceedings.

Notes of Decisions
Cited in 2 cases, 2017–2019 · leading case: Commonwealth v. Morgan, 73 N.E.3d 762 (Mass. 2017).
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Commonwealth v. Morgan, 73 N.E.3d 762 (Mass. 2017). · cites it 4× “” G. L. c. 276A, § 7. If, at the end of that time, the defendant has not completed the program successfully, or if the program recommends that the stay be extended, the judge may, in his or her discretion, extend the stay, dismiss the charges, return the case to the trial list,…”
Commonwealth v. Newberry (Mass. 2019). · cites it 2× “6 See G. L. c. 276A, § 7. 2. Statutory construction.”
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