(1)2.2 Exclusions

(a) Nothing in this chapter shall be construed to prohibit lawful actors from considering protected characteristics in limited, narrowly defined circumstances where such consideration is necessary to achieve a legitimate legal or administrative purpose.

(b) Such circumstances may include, but are not limited to:

• Sentencing and Corrections – consideration of health, age, disability, or socioeconomic factors where relevant to an appropriate sentence, risk assessment, or rehabilitative plan.
• Bail, Bond, or Pretrial Release Decisions – where factors such as age, health, or community ties may be relevant to determining risk of flight, danger to public safety, or ability to comply with conditions.
• Specialized Programs or Services – including diversion programs, medical or mental health interventions, or other lawful programs designed to address individual needs or circumstances.

(c) All such discretionary consideration shall:

• Be limited in scope to what is necessary for the legitimate purpose;
• Be documented and justified in accordance with applicable law and principles of transparency; and
• Not result in arbitrary, excessive, or unjustified adverse treatment inconsistent with the rights and protections guaranteed under this code.

(d) The exclusions enumerated in this section shall be interpreted narrowly, and no other exceptions to the general prohibition on discrimination shall be inferred.