Laws

Legal Provisions

§2284: Circumstances in Mitigation of Base Term - lifers

For original text, see the official site for California legislative information.

(a) General. The panel shall impose the lower base term or another term shorter than the middle base term upon a finding of mitigating circumstances. Circumstances in mitigation of the base term for any life crime include:

(1) The crime involved some factors described in the appropriate matrix in a category lower on either axis than the categories chosen as most closely related to the crime;

(2) The prisoner participated in the crime under partially excusable circumstances which do not amount to a legal defense;

(3) The prisoner had no apparent predisposition to commit the crime but was induced by others to participate in its commission;

(4) The prisoner tried to help the victim or sought aid after the commission of the crime or tried to dissuade the crime partner from committing other offenses;

(5) The prisoner has a minimal or no history of criminal behavior;

(6) The prisoner was a passive participant or played a minor role in the commission of the crime;

(7) The crime was committed during or due to an unusual situation unlikely to reoccur;

(8) The crime was committed during a brief period of extreme mental or emotional trauma.

(9) Battered Woman Syndrome. At the time of the commission of the crime, the prisoner suffered from Battered Woman Syndrome, as defined in section 2000(b), and it appears the criminal behavior was the result of that victimization.

(b) Specific Circumstances in Mitigation of Life Crimes. The hearing panel shall consider any specific factors in mitigation, including those established by the Judicial Council, as they may pertain to setting parole dates for these offenses.