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In some countries, legislation has been required to permit or regularize the use of restorative programmes by judges. In others, legislation established new criminal justice policies that made restorative processes a significant part to the government’s response to crime. This section consists of articles about legislation and in some instances, the actual legislation itself.
Arizona State Legislature. Arizona Family Group Decision Making Legislation: Arizona Revised Statutes, A.R.S. 8-1001
This document provides a listing of program characteristics for the Arizona Family Group Decision making Program.
Legislative Assembly for the Australian Capital Territory. Crimes (Restorative Justice) Act 2004
This document consists of the text of a legislative Act to provide a process of restorative justice for victims, offenders, and the community, as well as for other purposes. Called the Crimes (Restorative Justice) Act 2004, it was enacted by the Legislative Assembly for the Australian Capital Territory. The sections of the Act are as follows: preliminary information about the Act and this document itself; underlying principles of restorative justice; key concepts of restorative justice; application of the Act (i.e., types of applicable offenses); eligibility for restorative justice; referral for restorative justice; suitability for restorative justice; restorative justice conferences and agreements; administration of the Act; miscellaneous information; and a dictionary of key terms used in the Act.
Legislative Assembly for the Australian Capital Territory. Crimes (Restorative Justice) Bill 2004
The objects of this Act are as follows: (a) to enhance the rights of victims of offences by providing restorative justice as a way of empowering victims to make decisions about how to repair the harm done by offences; (b) to set up a system of restorative justice that brings together victims, offenders and their personal supporters in a carefully managed, safe environment; (c) to ensure that the interests of victims of offences are given high priority in the administration of restorative justice under this Act; (d) to enable access to restorative justice at every stage of the criminal justice process without substituting for the criminal justice system or changing the normal process of criminal justice; (e) to enable agencies that have a role in the criminal justice system to refer offences for restorative justice. (excerpt)
Solicitor General, Canada. Consolidated Report: Report on the Provisions and Operations of the Corrections and Conditional Release Act
This report provides information on the CCRA and related issues in order to support review of the legislation by a parliamentary committee. As such, this report is factual, presenting detailed information on legislative implementation, and perceived impacts and effects. The report has six sections. The first is the executive summary, followed by this brief introductory section. The third section provides a short history of corrections and conditional release in Canada. Section four situates the CCRA in context during its development and initial implementation. Key challenges and opportunities in the 1980s, and 1990s are outlined in this section. Section five provides detailed information on the provisions and operations of the CCRA from November 1992 to March 31, 1997. Information is also provided for the very limited experience with changes to the CCRA which were introduced through Bill C-55 in July 1997. The final section (six) provides brief concluding remarks. (excerpt)
Oregon Legislative Assembly. Oregon Family Decision-Making Meeting Law (Oregon Revised Statutes, Chapter 417.365 to 417.375)
Oregon Revised Statutes law covering Family decision-making meetings, with the following sections: 417.365 “Family decision-making meeting" defined for ORS 417.365 to 417.375. 417.368 Consideration of meeting required for certain cases. 417.371 Notice to family members of meeting; definitions. 417.375 Development of family plan; contents.
Queensland Parliament. Criminal Offence Victims Act 1995.
An Act to establish principles of justice for victims of criminal offences, and to make provision for the payment of compensation to them. (excerpt)
New South Wales Consolidated Acts. YOUNG OFFENDERS ACT 1997
This legislation, the Young Offenders Act, 1997 in Section 34, gives the "principles and purposes" of conferencing. Some of the principles listed include promoting responsibility for the crimes committed, strengthening the family, providing rights for the victim, and providing developmental services for the offender. The purpose of each conference is to “make decisions and recommendations about, and to determine an outcome plan in respect of, the child who is the subject of the conference.�? With this, children should be dealt with fairly during conferences while also retaining responsibility for their offensive actions. Reparation for the victim is also included in this.
Canadian Legal Information Institute. Youth Criminal Justice Act - General Provisions
This legislation, the Youth Criminal Justice Act, Section 7, describes community-based programs and their general provisions. The Attorney General of Canada or a “minister designated by the lieutenant governor in council of a province� can establish community-based programs that provide alternatives to judicial proceedings. These may including victim-offender mediation and other mediation and restitution programs.
Government of Saskatchewan. Community Justice Programs Regulations
This piece of legislation details regulations for community justice programs. These include family violence education, aboriginal court worker program, community capacity building, and victim-offender mediation (a restorative justice program). Generally, these programs, specifically victim-offender mediation, help to reduce the risk of re-victimization. Regulations on application and financial need for the programs are also discussed in the paper.
Australian Law Refrom Commission. Seen and heard: priority for children in the legal process. Appendix D: List of recommendations.
This article deals with children’s advocacy in areas of law, education, and services. In family law proceedings, family group conferences are suggested to ensure that the rights of the child are being upheld during the process. Pre-hearing conferences are also suggested to “encourage the adoption in all jurisdictions of effective conferencing models.� Implementation of these conferences will occur with the help of research done by the Australian Child Protection Advisory Council. Various rules and regulations established by advocates have also been included in this document.
Anonymous. References to Restorative Justice in the Sentencing Act
Lists the sections of New Zealand’s Sentencing Act 2002 that refer to restorative justice. They largely involve principles of sentencing and of court adjournment in respect of restorative justice processes that have taken place or are continuing.
Umbreit, Mark S and Lightfoot, Elizabeth and Fier, Johnathan and Lightfoot, Elizabeth. Legislative Statues on Victim Offender Mediation: A National Review
Victim-offender mediation – a framework for dialogue between crime victims and offenders – is one of the basic tools of restorative justice. The purpose in producing this report is to document existing statutory authority relating to victim-offender mediation (VOM) in states in the United States. Specifically, while mediation procedures are relatively common in civil and family law statutes, the focus of this analysis is to look at mediation in criminal cases. The existence of specific provisions for VOM in state codes is important in providing a structure for the implementation of VOM in a state, though the degree of statutory authority does not necessarily correspond to the actual development and use of VOM programs in a state. However, without statutory provisions for VOM, there is little legal authority, protection, or specific funding mechanism for those involved in VOM. This study, then, consists of a comprehensive computer-based search, using VOM language and VOM types of activities, of all state codes. Mediation in civil cases was excluded from the analysis. The report presents findings from this search on a state-by state-basis. It also includes the researchers’ categorization of states and their statutory provisions on a continuum from “little or no mention of VOM� to a “comprehensive VOM legislative framework.�
Baber, Mary. The Youth Justice and Criminal Evidence Bill [HL] [Bill 74 of 1998-99].
This research paper provides background information for the Youth Justice and Criminal Evidence Bill. At the time the paper was written, the Bill had completed its passage through the House of Lords and was due for debate in the House of Commons. The Bill would enable a new sentencing disposal for the youth court. Specifically, this sentencing disposal would make possible referral to a youth offender panel for young offenders convicted for the first time. The primary aim of the youth offender panel would be to prevent re-offending. The Bill would also make a number of changes to the law concerning the giving of evidence in criminal proceedings.
Ghana. Children's Act, 1998. (Act 950).
(1) A Child Panel shall assist in victim-offender mediation in minor criminal matters involving a child where the circumstances of the offence are not aggravated. (excerpt)
Washington State Legislature.. Revised Code of Washington. Title 13. Jvenile Courts and Juvenile Offenders.
Section 13.40.070 refers to referral to mediation or reconciliation programs.
State of Texas.. Texas Statutes. Code of Criminal Procedure.
Article 42.12 refers to victim offender mediation; 56.02 refers to the right of crime victims to request mediation; 56.13 adresses victim offender mediation;
State of Tennessee.. Tennessee Code: Title 16 Courts: Chapter 20: The Victim-Offender Mediation Center.
(a) The general assembly finds and declares that: (1) The resolution of felony, misdemeanor and juvenile delinquent disputes can be costly and complex in a judicial setting where the parties involved are necessarily in an adversary posture and subject to formalized procedures; and (2) Victim-offender mediation centers can meet the needs of Tennessee's citizens by providing forums in which persons may voluntarily participate in the resolution of disputes in an informal and less adversarial atmosphere. (excerpt)
State of Montana.. Montana Code Annotated. Titel 2. Government Structute and Administration.
Sections 1-15-2013~2-15-2014 deal with the Office of restorative jsutice and the Restorative justice fund.
State of Missouri.. Missouri Revised Statutes Chapter 217 Department of Corrections Section 217.777.
(1) The department shall provide a program of training to eligible volunteers and develop specific conditions of a probation program and conditions of probation for offenders referred to it by the court. Such conditions, as established by the community boards and the department, may include compensation and restitution to the community and the victim by fines, fees, day fines, victim-offender mediation, participation in victim impact panels, community service, or a combination of the aforementioned conditions; (excerpt)
State of Kansas.. Kansas Statutes. 36*1663. Chapter 38 Minors. Article 16-- Kansas Juvenile Justice Code
Allows for mediation between victim and offender in responding to juvenile crimes.

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