[§706-606.7]  Discretion when sentencing a defendant for an offense committed while a minor.  (1)  If a person is convicted as an adult for an offense that the person committed when the person was a minor, in addition to any other factor that the court is required to consider before sentencing the person, the court shall consider the following factors:

     (a)  The person's exposure to an adverse childhood experience or early childhood trauma, including involvement in the child welfare or foster care systems;

     (b)  The person's status as a victim of human trafficking or abuse at the time of the offense;

     (c)  The differences between minor and adult offenders, including but not limited to the diminished culpability of minors as compared to that of adults and the typical characteristics of youth;

     (d)  The level of participation in the offense and the impact of peer or familial pressure;

     (e)  The person's intellectual capacity and any underlying mental health conditions; and

     (f)  Any other factors the court deems relevant.

     (2)  Notwithstanding any other provision of law, after considering the factors set forth in subsection (1), the court may, in its discretion, reduce any mandatory minimum period of incarceration or depart from any mandatory sentencing enhancement that the person is required to serve if the court determines that the reduction or departure is warranted given the person's age, trauma history, and prospects for rehabilitation.

     (3)  For the purposes of this section, "minor" means any person under the age of eighteen years. [L 2025, c 122, §2]

COMMENTARY ON §706-606.7

  Act 122, Session Laws 2025, added this section to allow courts to depart from mandatory minimum and sentencing enhancements when sentencing minor defendants if the court believes the reduction is warranted given certain factors.  The legislature found that children differ from adults in cognitive development, decision-making, and susceptibility to external influences, which must be considered when sentencing minors convicted of adult crimes.  For example, children are more vulnerable to negative influences and outside pressures, including from their family and peers, and they have limited control over their own environment and lack the ability to extricate themselves from horrific, crime-producing settings.  Research showed that many minors in the criminal justice system experienced significant trauma, abuse, or adverse childhood experiences, impacting their behavior and rehabilitation potential.  Accordingly, Act 122 would allow the courts to account for the unique psychological and developmental differences between children and adults when sentencing minors for adult crimes and to depart from mandatory minimums and sentencing enhancements if the reduction is warranted based on specific factors, recognizing the impact of childhood trauma and circumstances on juvenile offenders.  House Standing Committee Report No. 1723, Senate Standing Committee Report No. 879.