The proposed bill aims to reform sentencing practices for defendants who are survivors of domestic violence, sexual assault, or human trafficking, acknowledging that their criminal behavior may stem from their victimization. It introduces new legal provisions that allow courts to consider the trauma experienced by these individuals when determining sentences, particularly if the abuse was the primary cause of their criminal conduct. The bill outlines eligibility criteria for reduced or alternative sentencing, including the requirement that the defendant was a verified victim at the time of the offense. Additionally, it establishes a process for currently incarcerated individuals to petition for resentencing based on these criteria, ensuring that justice is both equitable and trauma-informed.

Moreover, the bill modifies existing laws regarding mandatory minimum sentencing, stating that these minimum terms do not apply if a court finds a defendant eligible for reduced or alternative sentencing under the new provisions. It also introduces a new section allowing individuals who have completed their sentence to apply for the vacation of their conviction if they can demonstrate that their criminal conduct was primarily caused by the abuse they suffered. The legislation mandates the Department of Corrections to report on the implementation of these provisions within three years, providing data on applicants and outcomes. Overall, the bill seeks to create a more nuanced approach to sentencing, particularly for those whose actions were a direct response to severe abuse or victimization.

Statutes affected:
Original Bill: 9.94A.501, 9.94A.717, 9.94A.535, 9.94A.540, 9.94A.570, 10.99.020
Substitute bill: 9.94A.501, 9.94A.717, 9.94A.535, 9.94A.540, 9.94A.570, 10.99.020