Sec. 1. 17-A MRSA §1251, as repealed and replaced by PL 1983, c. 673, §3, is amended to read:

§1251. Imprisonment for murder

A person convicted of the crime of murder shall must be sentenced to imprisonment for life or for any term of years that is not less than 25 20. The sentence of the court shall must specify the length of the sentence to be served and shall must commit the person to the Department of Corrections.

Sec. 2. 17-A MRSA §1252, sub-§5-A, as enacted by PL 1987, c. 535, §7, is repealed.

Sec. 3. 17-A MRSA §1252, sub-§5-B is enacted to read:

5-B.__Whenever a mandatory minimum sentence of a fine or term of imprisonment is called for, the court may nevertheless impose a sentence other than such minimum fine or term of imprisonment only if the court finds that a deviation from the mandatory minimum sentence will not diminish the gravity of the offense or adversely affect the public safety and that imposition of the mandatory minimum sentence would result in substantial injustice and frustrate the general purposes of sentencing.

In determining whether a deviation from the mandatory minimum sentence is warranted, the court shall consider all relevant factors, including:

A.__Whether the criminal act for which the defendant stands convicted was an aberration in the life of the defendant;

B.__Whether the age, background, physical or mental condition of the defendant or the defendant's family circumstances militate against the imposition of a mandatory minimum sentence;

C.__Whether the victim of the offense, the victim's family or the prosecuting attorney seeks a sentence that is less than the mandatory minimum; and

D.__Whether the defendant has demonstrated sincere remorse and a credible understanding of the consequences of the defendant's actions and the defendant has good prospects for rehabilitation.