Section 6 Violations by defendant; hearing; termination of stay - Massachusetts Statutes

Section 6. During a stay of proceedings or a continuance without a finding, as provided in section five, the director of a program shall submit periodic reports to the court relative to the progress of the defendant. The director shall also report violations of program conditions or subsequent arrests immediately upon notice thereof.

If the defendant during the stay of proceedings or a continuance without a finding violates a condition of the program or is charged with a subsequent offense, a judge in the court that entered the stay of proceedings may issue such process as is necessary to bring the defendant before the court. When the defendant is brought before the court, the judge shall afford him an opportunity to be heard. If the judge finds that the defendant has committed a violation of a condition of the program or that he has been charged with a subsequent offense, the judge may order, when appropriate, that the stay of proceedings be terminated and that the commonwealth proceed on the original charges as provided by law. No appeal shall be allowed from such an order.