In consideration of that reasonable hypothetical, were this bill to pass, the courts would be required to consider the operation of section 718.4 with respect to that offender in the reasonable hypothetical's circumstances. Vis-à-vis that reasonably foreseeable offender, this sentencing tool would be available to the court, so in respect of that reasonably hypothetical offender, there would never be a result where the court could not impose less than the MMP if, in respect of that case, it would constitute cruel and unusual punishment.
