The bill amends RCW 9.94A.535 to allow courts to impose exceptional sentences outside the standard range for offenses based on substantial and compelling reasons. It outlines various mitigating circumstances that the court may consider when determining whether to impose a lesser sentence, including the defendant's caregiver status. Specifically, the bill introduces new provisions that recognize a defendant's role as a primary parent, legal guardian, or custodian of a minor child, or as a primary caregiver for other family members, as a potential mitigating factor. This status can be considered 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 retains existing provisions regarding aggravating circumstances that can lead to an exceptional sentence. It specifies that the trial court may impose an aggravated exceptional sentence without a jury finding under certain conditions, such as mutual stipulation by the defendant and the state or if the defendant's prior criminal history results in a presumptive sentence that is too lenient. The bill also maintains a comprehensive list of aggravating factors that can support a sentence above the standard range, ensuring that the court has a clear framework for determining exceptional sentences while considering both mitigating and aggravating circumstances.

Statutes affected:
Original Bill: 9.94A.535
Substitute Bill: 9.94A.535