§ 1016.7 (a) In the interest of justice, and in order to reach a just resolution during plea negotiations, the prosecutor shall consider during plea negotiatio…
Part 2: Of Criminal Procedure | Title 6: Pleadings and Proceedings Before Trial | Chapter 4: Plea
Rule Text
(a) In the interest of justice, and in order to reach a just resolution during plea negotiations, the prosecutor shall consider during plea negotiations, among other factors, the following circumstances as factors in support of a mitigated sentence if any of the following were a contributing factor in the commission of the alleged offense:
(1) The person has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.
(2) The person is a youth, or was a youth at the time of the commission of the offense.
(3) Prior to the instant offense, or during the commission of the offense, the person is or was a victim of intimate partner violence or human trafficking.
(b) A “youth” for purposes of this section includes any person under 26 years of age on the date the offense was committed.
Amendment history: Added by Stats. 2021, Ch. 695, Sec. 4. (AB 124) Effective January 1, 2022.