Exception for mitigating circumstances--Factual basis relied upon in writing

The sentencing court may impose a sentence other than that which is required by §§ 22-22-1.2 and 22-6-1.2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by § 22-22-1.2 or 22-6-1.2 . The court's finding of mitigating circumstances and the factual basis relied upon by the court shall be in writing. Source: SL 1992, ch 164, § 3; SL 2005, ch 120, § 394; SL 2006, ch 121, § 4.