The judges are going to make that assessment based on.... It's not a limited section. It doesn't say that it's based on these factors alone; it says, "consider all relevant evidence, including...".
What I find curious is—and I know you've come to the committee before to oppose things like mandatory minimum sentences, because you say that judges should have discretion to make decisions—this section gives judges incredible discretion. They can look at a whole host of factors before they make that determination. Now you're saying that we shouldn't give the judges discretion to make decisions.