Mass. Gen. Laws » Part IV Title II Chapter 279
Massachusetts General Laws

Mass. Gen. Laws ch. 279, § 6B (2026)

Consideration of defendant's status as primary caregiver of dependent child before imposing sentence

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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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.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2019–2025 · leading case: Commonwealth v. Michael Buckley., 270 N.E.3d 1037 (Mass. App. Ct. 2025).
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Commonwealth v. Michael Buckley., 270 N.E.3d 1037 (Mass. App. Ct. 2025). · cites it 5× “See G. L. c. 279, § 6B. The motion was supported by affidavits of the defendant and his girlfriend stating that on weekdays while the girlfriend was at work, the defendant was the "primary caretaker" for her four and eight year old children, caring for the younger child all day…”
Kiago-Wilson v. Commonwealth, 483 Mass. 1010 (2019). · cites it 2× “Before sentencing, Kiago-Wilson, stating that she was the primary caretaker of a dependent child, filed a motion requesting that the judge consider the provisions of G. L. c. 279, § 6B. 1 In her petition under G.”
Commonwealth v. Martin, No. AC 19-P-1521 (Mass. App. Ct. Oct. 29, 2020). · cites it 2× “The caretaker statute, G. L. c. 279, § 6B (b), provides: "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.”
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