South Dakota HB1214 requires courts to consider a defendant's history as a victim of abuse as a mitigating factor during sentencing and allows for.
South Dakota HB1214 mandates that courts consider an individual's history as a victim of abuse as a mitigating factor during sentencing. If the court finds that the abuse was a substantial contributing factor to the crime, it must reduce the sentence accordingly. For instance, a life sentence may be reduced to thirty years or less, and a term of years may be reduced by at least one-third. The bill defines abuse as physical, psychological, or sexual abuse inflicted by a family member, household member, or trafficker.
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