This bill introduces significant reforms to the sentencing and record vacation processes for defendants who are survivors of domestic violence, sexual assault, or human trafficking. It allows courts to reduce incarceration terms or impose alternative sentences for defendants who were victims of significant abuse at the time of their offense, provided that the abuse contributed to their criminal conduct. The bill establishes criteria for assessing eligibility and creates a process for resentencing individuals currently incarcerated under these circumstances. It also mandates that victims of the crimes for which the defendant was convicted be notified and allowed to participate in the resentencing process. Additionally, the bill amends existing laws to clarify that mandatory minimum terms of confinement do not apply if a court finds a defendant qualifies for reduced or alternative sentencing based on the new provisions.

Moreover, the bill introduces new provisions for the vacation of criminal records for individuals who can demonstrate that their victimization significantly contributed to their criminal conduct. It allows these individuals to apply for the vacation of their records for class B or class C felony offenses, with the court having discretion to consider various factors and evidence in these applications. The bill outlines the process for vacating convictions, ensuring that once a conviction is vacated, it will not be included in the individual's criminal history for future sentencing considerations. It also includes provisions for individuals convicted of certain misdemeanors and those who have completed substance use disorder programs to apply for record vacations, thereby providing a pathway for individuals adversely affected by their past victimization to seek relief from the long-term consequences of their convictions.

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