Legislation

Restorative justice has been seen as a way of diverting young offenders away from formal justice processes that are stigmatising.

Call the Governor: Restorative justice bill passes Colorado General Assembly

from Ken Kimsey's blog Fairness Works: Colorado’s General Assembly passed legislation Wednesday night in the waning hours of its current session to include restorative justice practices among the options available to the justice system. Participation must be voluntarily chosen. Senate sponsor Sen. LindaNewell (linda.newell.senate@gmail.com) and House sponsor Rep. Pete Lee (reppete@gmail.com) guided the legislation through multiple votes. The House concurred with the Senate version in a vote late on May 11. HB 11-1032, now goes to Gov. John Hickenlooper for signature.

David Daubney of Canada presented the 2011 International Prize for Restorative Justice

by Dan Van Ness David Daubney has been awarded the 2011 International Prize for Restorative Justice in recognition of the public policy leadership he has provided in support of restorative justice. The presentation was made during the Prison Fellowship World Convocation underway in Toronto, Canada from 28 June – 2 July, 2011. Daubney’s interest in restorative justice began twenty five years ago when he was a Member of Parliament, chairing the House of Commons Standing Committee on Justice. The Committee was engaged in a year-long study of public and professional attitudes about crime and criminal justice. As it conducted hearings across Canada, its members began to hear about a concept that was new to all of them: restorative justice. They heard from grassroots organizations operating victim offender reconciliation programs in Canada and from crime victims who spoke about the personal healing they had received from their involvement in these programs. The Committee was so impressed that it recommended in its 1987 report “Taking Responsibility” – known to many as the Daubney Report – that restorative values and principles be incorporated into the Canadian Criminal Code.

Law is more than a profession, it's a calling: "Making a difference" through restorative justice

from the article by Michael C. Deering: Before entering law school, a soon-to-be attorney dreams of “making a difference.” He dreams of representing clients as he advocates for truth and justice, as he lends his voice to those who cannot speak, as he defends the innocent and the young, and sets the wrong to right. Then, reality sets in. Dreams of justice and zealous representation give way to stress and the everyday rigors of law school. Reading, briefing, and writing overwhelm the student. After three years of arduous work, the student graduates. Facing bar preparation, job searching in an economy that causes seasoned attorneys to shudder, and a mountain of educational debt, the graduate accepts work wherever he can find it.

Lee, Pete. 2009. Overview of Restorative Justice in Colorado Law.

Colorado’s Children’s Code incorporates restorative justice through a declaration of legislative intent set forth in CRS 19-2-102 and implements it through provisions enacted pursuant to HB 07-1129 and HB 08-1117.

Legislature, State of Vermont. 2a. Restorative justice.

It is the policy of this state that principles of restorative justice be included in shaping how the criminal justice system responds to persons charged with or convicted of criminal offenses. The policy goal is a community response to a person's wrongdoing at its earliest onset, and a type and intensity of sanction tailored to each instance of wrongdoing. (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.

Reintroduction of the Restorative Justice in Schools Act

from Tom Cavanagh's blog: Become an supporter of the Restorative Justice in Schools Act. Below is the letter Congressman Steve Cohen sent to his colleagues asking for support for the bill. Dear Colleague, We encourage you to cosponsor legislation that promotes providing school personnel (teachers and counselors) with essential training that has the potential to reduce youth incarceration.

Saskatchewan Justice. Use of Adult Alternative Measures in Saskatchewan: 1999-2000 and 2000-2001. Appendices: Alternative Measures Policies

Over the past several years, many agencies and justice organizations have developed alternative measures programs as a way of dealing with conflict. As a result, both the federal and provincial governments have developed policies and guidelines regarding the use of alternative measures and the development of alternative measures programs. This booklet introduces the concept of alternative measures and provides the legislation and policies that govern the use of alternative measures in Saskatchewan. (excerpt)

Senate Concurrent Resolution: Requesting the Department of Public Safety to factilitate the delivery of the Huikahi Restorative Circles Program in Hawai'i Correctional Facilities.

On 22 April, the Hawai'i State Legislature passed the Senate Concurrent Resolution 192 requesting that the department of public safety facilitate delivery of Huikahi Restorative Circles in state correctional facilities. Below are excerpts from the legislation:

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)

State of Alabama. The Code of Alabama 1975. Section 15 Criminal Procedure.

Chapter 16-180 deals with funding for community based programme including victim offender reconciliation

State of Alaska.. Alaska Statute 12.55.011

Sec. 12.55.011. Victim and community involvement in sentencing. A court, when considering the sentence to be imposed under this chapter for an offense other than a violation of AS 11.41, AS 11.46.400 , or a crime involving domestic violence, may permit the victim and the offender to submit a sentence for the court's review based upon a negotiated agreement between the victim and the offender, or between the offender and the community if there is no victim. The court may, with the consent of the victim and the offender, impose the sentence that has been determined by the negotiated agreement between the offender and the victim, or between the offender and the community if there is no victim, if that sentence otherwise complies with this chapter and accomplishes the goals of restoration of the victim and the community and rehabilitation of the offender. Before accepting a negotiated agreement, the court shall determine that the victim has not been intimidated or coerced in reaching the agreement. In this section, "community" has the meaning determined by the court. (excerpt)

State of Arizona.. Arizona Revised Statute 8-419 (Title 8 Children).

8-419. Victim reconciliation services The presiding judge of the juvenile court in each county may establish and provide voluntary victim reconciliation and restitution services to assist victims of juvenile crimes. (excerpt)

State of Arizona.. Arizona Revised Statute12-299 Community Punishment Program.

Section 12-299.01 provides for victim offender reconciliation.

State of Delaware.. Title 11. Crimes and Criminal Procedure. Special Programs. Chapter 95. Victim Offender Mediation.

(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 programs can meet the needs of Delaware's citizens by providing forums in which persons may voluntarily participate in the resolution of certain criminal offenses in an informal and less adversarial atmosphere. (excerpt)

State of Florida.. The 2006 Florida Statutes. Chapter 985 Juvenile Justice; Interstate Compact on Juveniles

(2) NEIGHBORHOOD RESTORATIVE JUSTICE CENTER.-- (a) The state attorney may establish at least one Neighborhood Restorative Justice Center in designated geographical areas in the county for the purposes of operating a deferred prosecution program for first-time, nonviolent juvenile offenders. (b) The state attorney may refer any first-time, nonviolent juvenile offender accused of committing a delinquent act to a Neighborhood Restorative Justice Center. (excerpt)

State of Hawaii. Senate Concurrent Resolution. Requesting the Department of Public Safety to facilitate the delivery of the Huikahi Restorative Circles Program in Haraii Correctional Facilities.

BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the House of Representatives concurring, that the Department of Public Safety is requested to facilitate and support federal grant proposals for the funding of the Huikahi Restorative Circles program to address the backlog of requests from incarcerated individuals wanting to make amends for their past behavior (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.

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 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.