This act amends RCWs 9.94A.533 and 9.94A.535 to include:
§ If an offender is being sentenced in adult court for a crime committed as a minor, the court has discretion to order enhancements be served concurrently in order to reduce the sentence when the sentencing enhancements result in a sentence that is clearly excessive; and
For the court to consider mitigating circumstances regarding the defendant’s age, sophistication, and role in the crime if the defendant is under adult court jurisdiction for a crime committed as a minor.
Updated on 4.12.19:
- Allows for the court to have full discretion to depart from mandatory sentencing enhancements to take the particular circumstances surrounding a defendant’s youth into account.
- Expanded the statutory mitigating factor for felony sentencing to include susceptibility to peer pressure and other factors related to youthfulness at the time of the offense for all defendants, not just defendants charged for offenses committed while under age 18.
House Committee Amendments (updated 4.12.19):
- The mitigating factor for adjusting a sentence downward is modified.
- A judge is allowed to impose a sentence below the standard range when he or she finds that the defendant is less culpable because of youthfulness at the time of the offense, which is demonstrated by age, susceptibility to peer pressure, lack of sophistication or maturity, or other factors not shown in a fully developed adult (rather than when the judge finds that the defendant's age, lack of sophistication, susceptibility to peer pressure, or other factors relating to the defendant's youthfulness render the defendant less culpable than if the offense had been committed by a fully developed adult).
- The provisions pertaining to sentencing enhancements are modified by:
- Removing certain cross-references to clarify that the court discretion to reduce mandatory sentencing enhancements for persons under age 18 applies to all enhancements (rather than only to certain enhancements required to be served consecutively); and
Replacing a reference to "minor" with a person "under age 18."