In committee
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Virginia House of Delegates
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Lead sponsor
Juveniles; sentencing when tried as an adult.
Sentencing of juvenile tried as adult. Providesthat a court, in the case of a juvenile tried as an adult and convictedof a felony, may depart from any mandatory minimum sentence requiredby law, suspend any portion of an otherwise applicable sentence,or deal with the juvenile in the same manner as a case in the juvenilecourt if the court finds by clear and convincing evidence that thevictim of the felony offense trafficked the juvenile in violationof human trafficking laws or sexually assaulted or abused the juvenilewithin one year of the commission of the felony offense. The bill also requires the court, when sentencing a juvenile as an adult,to consider the juvenile's exposure to adverse childhood experiences,early childhood trauma, or any child welfare agency and the differencesbetween juvenile and adult offenders, including the diminished culpabilityof juveniles. After considering such factors, the court may reduceor suspend any mandatory minimum sentence or maximum period of incarcerationprescribed by law that the juvenile is required to serve by not morethan 50 percent if the court determines that such reduction is appropriatein relation to the juvenile's age, the juvenile's prospects for rehabilitation,or any other mitigating factors.
