Sentencing

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming


Alabama

Sentencing enhancement if the offense was motivated by the victim’s “actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability.” Ala. Code § 13A-5-13

Alaska

A higher sentence may be given if the defendant knew or should have known that the victim was vulnerable due to age, disability, ill health, etc. Alaska Stat. § 12.55.155.

Arizona

 

Arkansas

-

California

 

Colorado

A higher sentence may be given if the defendant knew or should have known that the victim was vulnerable due to age, disability, ill health, etc. Co. Rev. Stat. Ann. § 18-9-121

Connecticut

-

Delaware

-

Florida

Offenders may be eligible for a reduced sentence if the capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of law was substantially impaired or the defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction or for a physical disability, and the defendant is amenable to treatment (among other reasons). Fla. Stat. § 921.0026

Georgia

 

Hawaii

 

Idaho

-

Illinois

The court shall not impose a sentence of imprisonment upon the offender if it believes that because of his disability a sentence of imprisonment would not serve the ends of justice and the interests of society and the offender or that because of his disability a sentence of imprisonment would subject the offender to excessive hardship. If an offender with a disability is sentenced to prison, they may be sent to an alternative facility with the ability to treat them and the Department of Corrections will be informed of specific requirements. 725 ILCS 5/104-26

Sentencing for a defendant found guilty but mentally ill – there must be an evaluation and a hearing, but the court may impose any sentence that is equal or less than what a non-mentally ill person would have received. 730 ILCS 5/5-2-6

A higher sentence may be given if the defendant’s crime was against someone with a physical or mental disability or their property. 730 ILCS 5/5-5-3.2

Indiana

Can take whether the victim had a disability into account during sentencing as an aggravating factor. IC § 35-38-1-7.1. http://codes.lp.findlaw.com/incode/35/38/1/35-38-1-7.1

Iowa

-

Kansas

Lack of capacity can be a mitigating factor. Kan. Stat. Ann. § 21-6625

Upon being convicted of murder, a hearing is held to determine if the defendant has an intellectual disability. If he does, he cannot be sentenced to death or life without parole and he is not subject to mandatory minimums. Kan. Stat. Ann. § 21-6622

Kentucky

 

Louisiana

 

Maine

-

Maryland

-

Massachusetts

-

Michigan

-

Minnesota

-

Mississippi

 

Missouri

Increased penalties if the victim was knowingly targeted due to disability. V.A.M.S. § 557.035

Montana

The sentencing court must order a presentence investigation and a report on the investigation if there is a claim of intellectual or developmental disability. The investigation must include a mental. The evaluation must include an opinion as to whether the defendant suffered from a mental disease or disorder or developmental disability that impacted his culpability. If the opinion concludes that the defendant did suffer from a mental disease or disorder or developmental disability, the evaluation must also include a recommendation as to the care, custody, and treatment needs of the defendant. MCA § 46-14-311

Nebraska

-

Nevada

 

New Hampshire

-

New Jersey

Juveniles: in determining appropriate disposition, the court must consider the developmental and intellectual needs of the child. N.J.S.A. 2A:4A-43.

Juveniles: developmentally disabled juveniles should not be incarcerated. N.J.S.A. 2A:4A-44

Harsher sentence if the defendant knew or should have known about the victim’s disability; a sentence can be lowered “in the interest of justice.” N.J.S.A. 2C:44-1

New Mexico

Juvenile: Disability should be taken into account when determining the disposition of juvenile defenders. NM Stat. § 32A-2-20

New York

-

North Carolina

-

North Dakota

-

Ohio

Higher sentence imposed if the victim was disabled (misdemeanor). Ohio Rev. Code § 2929.22

Oklahoma

Oklahoma Community Sentencing Act – provides for a variety of alternative sentences when particular conditions are met. 22 Okl. Stat. Ann. §§ 988.1 through 988.25

Oregon

-

Pennsylvania

-

Rhode Island

A person is mentally competent to stand trial if he or she is able to understand the character and consequences of the proceedings against him or her and is able properly to assist in his or her defense; Defendant is presumed competent; examination and periodic review of competency to stand trial. R.I. Gen. Laws § 40.1.-5.3-3

South Carolina

-

South Dakota

-

Tennessee

-

Texas

-

Utah

-

Vermont

-

Virginia

-

Washington

 

West Virginia

-

Wisconsin

Increased penalty if defendant intentionally targeted victim due to their disability. Wis. Stat. § 939.645

Wyoming

Offender having I/DD is mitigating factor in sentence. Wyo. Stat. § 6-2-102.