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Bill would let judges cite caregiver status when departing from sentencing ranges; advocates and prosecutors differ
Summary
Senate Bill 5133 would add primary caregiving to the list of mitigating circumstances a judge may consider for an exceptional sentence under the Sentencing Reform Act. Supporters say it protects families and reduces recidivism; prosecutors warned language is broad and could be interpreted too widely.
Senate Bill 5133, heard Jan. 16 before the Washington Senate Law & Justice Committee, would add a person’s status as a primary parent, legal guardian or caregiver for family members to the non‑exhaustive list of mitigating circumstances a court may consider when imposing an exceptional sentence under the Sentencing Reform Act (SRA).
The bill’s sponsor, Senator Claire Wilson, said the change is intended to give courts explicit statutory authority to consider caregiving responsibilities when judges weigh departures from the SRA’s presumptive sentencing grid. "A strong family structure can reduce recidivism, which is why the caregiver status is believed to be a mitigating…
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