§ 22-1090-4

Where a court has imposed a criminal judgment and sentence upon a defendant other than for an offense described in subsection E of Section 3 of this act and the defendant is serving the sentence in the custody of the Department of Corrections, the court shall impose a new, lesser sentence following a hearing if the court determines: 1. At the time of the offense for which the sentence is being served, the defendant was a victim of domestic violence or subjected to physical, sexual, or psychological abuse inflicted by a sexual partner, a family member or member of the household, the trafficker of the defendant, or any person who used the defendant for financial gain; and2. Such violence or abuse was related to and was a substantial contributing factor in causing the defendant to commit the offense for which he or she is presently in custody or to the defendant’s criminal behavior.At the hearing to determine whether the defendant should be resentenced pursuant to this section, the court shall take testimony from witnesses offered by either party and consider oral and written arguments and any other relevant evidence to assist in making its determination.

t to this section, the court shall take testimony from witnesses offered by either party and consider oral and written arguments and any other relevant evidence to assist in making its determination. The court may determine that such violence or abuse was related to and was a substantial contributing factor to the offense regardless of whether the defendant raised an affirmative defense.Added by Laws 2024, c. 331, § 4.