22-42-2.3. Mitigating circumstances--Departure from mandatory sentence.
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/sd/title-22/chapter-22-42/22-42-2-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The sentencing court may impose a sentence other than that which is required by § 22-42-2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by § 22-42-2 . The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing.