Mitigating circumstances--Departure from mandatory sentence

The sentencing court may impose a sentence other than that which is required by § 22-42-2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by § 22-42-2 . The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing. Source: SL 1989, ch 201 , § 2.