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.
Structure Massachusetts General Laws
Part IV - Crimes, Punishments and Proceedings in Criminal Cases
Title II - Proceedings in Criminal Cases
Chapter 276a - District Court Pretrial Diversion of Selected Offenders
Section 2 - Jurisdiction of Court
Section 3 - Screening of Defendants; Continuance
Section 4 - Inapplicability of Chapter to Certain Persons; Exceptions
Section 5 - Assessment Report; Recommendations; Final Determination; Stay of Criminal Proceedings
Section 6 - Violations by Defendant; Hearing; Termination of Stay
Section 12 - Discretionary Authority to Divert Offender Not Limited by This Chapter or Chapter 276b