The bill amends RCW 9.94A.535 to allow courts to impose exceptional sentences outside the standard range for offenders who meet specific criteria. It introduces new mitigating circumstances that the court may consider when determining whether to impose a lesser sentence. Notably, the bill includes provisions that recognize a defendant's caregiver status as a primary parent, legal guardian, or custodian of a minor child, or as a primary caregiver for other family members, such as elders and grandchildren. This status can be considered for a reduced sentence if the defendant does not have any substantiated findings of abuse or neglect, restraining orders, or certain convictions related to the victim.
Additionally, the bill outlines the process for imposing exceptional sentences, emphasizing that the court must provide written findings of fact and conclusions of law when deviating from standard sentencing guidelines. It also clarifies that any departure from the standards governing consecutive or concurrent sentences is subject to appeal. The bill aims to provide a more nuanced approach to sentencing by allowing courts to consider the personal circumstances of defendants, particularly those who are caregivers, while maintaining the integrity of the sentencing process.
Statutes affected: Original Bill: 9.94A.535
Substitute Bill: 9.94A.535