Restorative Justice: States Legislation

Alaska

Alaska Stat.

§ 12.55.051       Enforcement of fines and restitution
Sec. 12.55.051 (F) – Requirements for courts regarding restitution and payments from the restorative justice account
General Subject: Criminal – restitution & payment into RJ account.

§ 24.65.105       Payment of restitution
Sec. 24.65.105 (a) & (c) – Limitations on recipients and amount of funds paid from restorative justice account
General Subject: Victims’ Rights – payments to victims from RJ account.

§ 43.23.028       Public notice
Sec. 43.23.028 (b) – Limitation on public notice of funds used for Restorative Justice Account
General Subject: Funding – Limitation on public notice of funds used for RJ Account.

§ 43.23.048       Restorative justice account
Establishment of Restorative Justice Account
General Subject: Funding – Establishment of RJ account.

§ 44.19.646       Methodology
(2) (L) – Inclusion of restorative justice initiatives in relation to sentencing recommendations
General Subject: Criminal – Inclusion of RJ initiatives in relation to sentencing recommendations.

§ 47.12.170       Enforcement of restitution
Sec. 47.12.170 (c) – Enforcement of restitution and payment from the restorative justice account
General Subject: Juvenile - Enforcement of restitution and payment from the RJ account.

Arizona

Arizona Revised Statutes

§ 12-270           Probation success incentive payments and grants; baseline calculations; annual reports; definitions
State Aid for Probation Services – Among other uses, implementing & expanding sanctions, including RJ.
General Subject: State Aid

§ 12-299.01       Submission of plan; use of monies; prohibitions
Money may be used (i.e. funneled through the superior court in a participating county) to develop, among other programs,  victim-offender reconciliation or mediation programs.
General Subject: Community Punishment Program – Money may be used for VOR, VOM.

§ 36-2863           Justice reinvestment fund; exemption; distribution; definition
General Subject: Funding - Justice reinvestment programs includes RJ.

California

Cal. Educ. Code

§ 33432     Use of grant funds; Funding priority; Local match requirement
General Subject: Education – Grant funds may be used for RJ.

§ 38000     Authority to establish security or police department; Qualifications for chief; Assignment of school police reserve officer
General Subject: Education – School resources may be used for RJ.

§ 41480     Grant funding; Requirements
General Subject: Education – Professional training to include RJ.

§ 44415.6 Teacher Residency Grant Program; Additional funding; School counselor residency placements [Effective until January 1, 2030; Repealed effective January 1, 2030]
General Subject: Education – School counselor residency grant recipients shall promote safe learning environment by supporting RJ practices.

§ 48900     Grounds for suspension or expulsion
General Subject: Education – RJ practices may be used to help pupils gain social & emotional skills, help transform trauma-related responses, understand actions & develop methos for repairing harm.

§ 48900.5 Suspension
General Subject: Education – Suspension imposed when other means of correction, including RJ, fail to correct conduct.

§ 48900.9 Referral of victim of, witness to, or other pupil affected by, act of bullying for counseling; Referral of student who engaged in act of bullying for counseling
General Subject: Education – Superintendent, principal, etc. may refer victim of, witness, or others affected by bulling to school counselor, psychologist, etc. & participation in RJ as appropriate.

§ 48929     Transfer of pupil convicted of violent felony or misdemeanor where victim enrolled at same school; Notification
General Subject: Education – Student convicted of violent felony can be transferred to alternate school when victim is in same school & attempts to resolve conflict (including RJ) have failed.

§ 49600     Comprehensive educational counseling program; “Educational counseling”
General Subject: Education – School counselor shall promote a safe learning environment by providing RJ practices.

§ 8901        Definitions
General Subject: Education – “Community school” includes support of RJ.

Cal. Gov’t Code

§ 8264       Commissioner [Effective until January 1, 2027; Repealed effective January 1, 2027]
General Subject: Juvenile – California Youth Empowerment Act – Definition of RJ practices.

Cal. Health & Safety Code

§ 8016       Resolving disputes over repatriation of requested items
General Subject: Disputes – Dispute Procedures can include aspects of RJ practices.

Cal. Penal Code

§ 1170       Determinate sentencing; Sentence recall; Medical release
General Subject: Criminal – Trial Court Sentencing, Initial Sentencing – Sentencing to incorporate RJ option. Inmates to have RJ programs available to promote behavior change & to prepare for successful reentry into community.

§ 1172        Establishment of County Resentencing Pilot Program
General Subject: Criminal - Trial Court Sentencing – Recall and Resentencing – District attorney’s office may contract with community-based organization with expertise in, among other areas, RJ programs.

§ 1230        Community Corrections Performance Incentives Funds authorized; Community corrections program; Community Corrections Partnership; Use of funds; Accounting
General Subject: Criminal – Judgment & Execution – Funds allocated to probation may be used for RJ programs.

§ 17.5         Legislative findings and declarations
General Subject: Community – RJ programs & VOR are part of “Community-based punishment”.

§ 3450        Citation of act; Legislative findings and declarations
General Subject: Community – RJ programs & VOR are part of “Community-based punishment” – Post-release Community Supervision Act of 2011.

§ 422.86    Public policy regarding hate crimes
General Subject: Criminal – Goals of sentencing for hate crimes includes a RJ element.

§ 5006        Inmate Welfare Fund; Creation; Transfer, use, and deposit of funds; Fund as trust; Audit General Subject: Funding – Moneys held in Inmate Welfare Fund to be used for benefit & welfare of inmates including funding for RJ programs.

§ 5007.3    California Reentry and Enrichment (CARE) Grant program
General Subject: Funding – The California Reentry and Enrichment (CARE) Grant program provides grants to CBOs that include RJ programs.

§ 5027        Grant program to not-for-profit organizations to replicate programs at underserved institutions; Program requirements; Grant period; Use of grant funds; Annual report of specified information to legislative budget and public safety committees
General Subject: Funding – Grants available for not-for-profit organizations to expand RJ programs.

§ 6046.3    Competitive grant program for reducing recidivism; Executive steering committee; Committee recommendations for prioritizing proposals
General Subject: Penal – Second Chance Program – Competitive grant program to reduce recidivism to prioritize RJ proposals.

§ 8052        Definitions
General Subject: Corrections – Community-Based Punishment Act – “Intermediate sanctions” includes RJ & VOR.

Cal. Welf. & Inst. Code

§ 202         Purpose of chapter; Liberal construction; “Punishment”
General Subject: Juvenile – Court may direct offender to participate in VOC.

§ 742          Notice of final disposition
General Subject: Juvenile – Probation officer shall inform victim of VOC programs or VIC available in county

Colorado

Colo. Rev. Stat.

§ 13-3-116       Restorative justice coordinating council - establishment - membership.
General Subject: Courts – Establishment of “RJ Coordinating Council”.

§ 16-11-102     Presentence or probation investigation
General Subject: Criminal – Presentence report to include whether offender is eligible to participate in RJ practices.

§ 16-7-202       Presence of defendant
General Subject: Criminal – Notification that RJ may be part of sentence.

§ 16-7-301       Propriety of plea discussions and plea agreements
General Subject: Criminal – District Attorney may consent to an assessment for suitability for participation in RJ practice and VOC.

§ 17-28-101     Legislative declaration
General Subject: Criminal – Restitution to Victims of Crime, Promotion of VOC & RJ.

§ 17-28-103     Victim-offender conferences - pilot program
General Subject: Corrections – Establishment of Pilot Program for VA & VOC & VOT.

§ 17-34-101     Juveniles and young adults who are convicted as adults in district court and young adults convicted under twenty-one years of age - eligibility for specialized program placement - petitions - definition.
General Subject: Juvenile – Crime – RJ is an option to victims.

§ 17-34-102     Specialized program for juveniles and young adults convicted as adults and young adults convicted under twenty-one years of age - report - definition.
General Subject: Juvenile – Crime – RJ is an option to victims.

§ 18-1.3-101    Pretrial diversion. (Effective August 10, 2022)
General Subject: Criminal – Alternatives in Sentencing may include RJ.

§ 18-1.3-104    Alternatives in imposition of sentence
General Subject: Criminal – Alternatives in Sentencing may include RJ.

§ 18-1.3-204    Conditions of probation - interstate compact probation transfer cash fund - creation. (Effective August 10, 2022)
General Subject: Criminal – Participation in RJ, VOC may be part of Probation.

§ 18-1.3-501    Misdemeanors classified - drug misdemeanors and drug petty offenses classified - penalties - legislative intent - definitions. (Effective January 1, 2023)
General Subject: Criminal – Misdemeanor & Petty Offense sentencing may include participation in RJ.

§ 18-1-102       Purpose of code, statutory construction
General Subject: Criminal – Goal of reducing recidivism by use of RJ.

§ 18-1-102.5    Purposes of code with respect to sentencing
General Subject: Criminal – Goal of reducing recidivism by use of RJ.

§ 18-1-901       Definitions
General Subject: Criminal – Definitions of RJ, C, CC, VOC.

§ 18-25-101     Restorative justice surcharge – definitions
General Subject: Criminal – Funding for RJ.

§ 18-7-109       Posting, possession, or exchange of a private image by a juvenile - definitions - penalties.
General Subject: Juvenile – Obscenity offenses & RJ.

§ 18-9-121       Bias-motivated crimes
General Subject: Criminal – Bias-motivated crimes & RJ.

§ 19-1-103       Definitions. (Effective August 10, 2022)
General Subject: Juvenile – Definitions of RJ.

§ 19-2.5-102    Definitions. (Effective August 10, 2022)
General Subject: Juvenile – Definitions of RJ, incl. VOC in Juvenile System.

§ 19-2.5-1101   Presentence investigation
General Subject: Juvenile – Presentencing investigation & use of RJ & VOC.

§ 19-2.5-1103   Sentencing schedule – options
General Subject: Juvenile – Inclusion of RJ in sentencing.

§ 19-2.5-1108   Probation - terms - release - revocation - graduated responses system - rules - report - definition. (Effective December 31, 2022)
General Subject: Juvenile – Inclusion of RJ in probation.

§ 19-2.5-1203  Juvenile parole - hearing panels – definition
General Subject: Juvenile – RJ and parole.

§ 19-2.5-1408  Victim-offender conferences - pilot program
General Subject: Juvenile – Establishment of VOC pilot program with juvenile youth services.

§ 19-2.5-1410  Community accountability program - legislative declaration – creation
General Subject: Juvenile CR programs to include elements of RJ, VOM.

§ 19-2.5-208    Petty tickets - summons - contracts – data
General Subject: Juvenile Petty tickets may include RJ component.

§ 19-2.5-302    Local juvenile services planning committee - creation - duties - identification and notification of dually identified crossover youth
General Subject: Juvenile - Allocation of resources for local juvenile services encourage consideration of programs with RJ components.

§ 19-2.5-402    Juvenile diversion program - authorized - report - allocation of money - legislative declaration - definitions. (Effective December 31, 2022)
General Subject: Juvenile - Establishment of a juvenile diversion program that integrates RJ practices

§ 19-2.5-502    Petition initiation - petition form and content
General Subject: Juvenile - District Attorney role in recommendation of RJ & VOC.

§ 19-2.5-605    Advisement - right to counsel - waiver of right to counsel - definition.
General Subject: Juvenile – Advisement of RJ and VOC upon a juvenile's first appearance before the court.

§ 19-2.5-902    Entry of plea.
General Subject: Juvenile – Advisement of RJ & VOC option at guilty plea.

§ 19-3-304.4    Pre-adolescent services task force — duties — report — repeal. (Effective until July 1, 2023)
General Subject: Child Abuse – Pre-adolescent services task force includes representative from the RJ coordinating council.

§ 22-30.5-522  Restorative justice practices
General Subject: Education – State charter school institute encouraged to develop and utilize RJ practices.

§ 22-32-109.1  Board of education - specific powers and duties - safe school plan - conduct and discipline code - safe school reporting requirements - school response framework - school resource officers – definitions
General Subject: Education – School conduct & discipline codes include RJ practices.

§ 22-32-144     Restorative justice practices - legislative declaration
General Subject: Education – Encouragement of the use of RJ as first consideration to remediate offenses.  Encouragement of school districts to implement training in RJ and VOC.

§ 22-33-204     Services for at-risk students - agreements with state agencies and community organizations
General Subject: Education – School districts may enter into agreements with local governmental & other agencies to provide RJ services to nonprofit & faith-based schools.

§ 22-33-205     Services for expelled and at-risk students - grants - criteria – rules
General Subject: Education – Services for expelled & at-risk students include multi-tiered systems of support including RJ.

§ 24-31-607     In camera review - confidentiality of materials - criminal penalty
General Subject: Criminal – District Attorney to consider referring person for assessment of suitability to participate in RJ.

§ 24-33.5-527  Multidisciplinary crime prevention and crisis intervention grant program — committee — fund — reports — repeal. (Effective until January 1, 2025)
General Subject: Public Safety – Establishment of multi-disciplinary approach to crime prevention. Strategies may include RJ.

§ 24-4.1-302.5 Rights afforded to victims – definitions
General Subject: Victim’s Rights – Victim has right to be informed about RJ & VOC.

§ 24-4.1-303    Procedures for ensuring rights of victims of crimes
General Subject: Victim’s Rights – District Attorney is obliged to inform victim of availability of RJ & VOC.

§ 25-20.5-801  Community crime victims grant program - created - cash fund - repeal.
General Subject: Funding – Children & Youth – Establishment of Community Crime Victims Grant program. Money can be used for RJ.

§ 26-6.8-103    Tony Grampsas youth services board - members - duties.
General Subject: Youth – Certain grants criteria consideration includes RJ components.

§ 39-28.8-501  Marijuana tax cash fund - creation - distribution - legislative declaration - repeal.
General Subject: Funding – Portion of marijuana tax cash fund to be used for RJ surcharge fund.

Connecticut

Conn. Gen. Stat.

§ 7-294h  State and local police training programs to provide training on the handling of juvenile matters
General Subject: Training – Police training program includes training in RJ.

Delaware

Del. Code Ann.

t. 11 § 9501      [Victim-Offender Alternative Case Resolution Committee] Purpose
General Subject: Special programs – Establishment of VOACR programs.

t. 11 §  9502     [Victim-Offender Alternative Case Resolution Committee] Program funding; operation; supervision
General Subject: Special programs – Establishment of VOACR Committee.

t. 11 §  9503     Confidentiality
General Subject: Special programs – VOACR can access ny information it deems necessary.

t. 11 §  9504     Eligibility
General Subject: Special programs – There is no legal penalty for someone who withdraws from a VOACR.

t. 11 §  9505     Immunity
General Subject: Special programs – VOACR committee board of directors immune from any civil action based on proceedings or acts in good faith as members of the board.

t. 14 §  703       Student discipline report; school discipline improvement plan
General Subject: Education – Schools to review RJ practices, interventions, training & follow-up support.

t. 14 §  4143     Black history instruction
General Subject: Education – Curricula must explore various mechanisms of transitional & RJ.

t. 14 §  4141     Holocaust instruction
General Subject: Education – Instruction must explore various mechanisms of transitional & RJ.

District of Columbia

D.C. Code

§ 1-301.81       Duties of the Attorney General for the District of Columbia
General Subject: Pilot Program to provide VOM

§ 7-2411          Office of Neighborhood Safety and Engagement establishment
General Subject: Public Safety – Office of Neighborhood Safety and Engagement (ONSE) to provide RJ Collaborative & foster RJ programming & practices.

§ 24-403.03     Modification of an imposed term of imprisonment for violations of law committed before 25 years of age
General Subject: Financing to organizations that provide services for the purpose of developing & offering RJ practices.

§ 38-236.06     Support for positive school climate and trauma-informed educational settings
General Subject: Education – Office of State Superintendent of Education to provide local education & school communities professionals in restorative practices.

§ 7-2412          Duties of the Executive Director
General Subject: Public safety – development of workforce development & RJ programming.

§ 5-132.03b     Training for school security personnel
General Subject: Education – DCPS adopt school security personnel training to include RJ practices.

§ 24-902          Facilities, treatment, and services for youth offenders
General Subject: Youth – inter-agency programming by District agencies to include best practices in RJ.

Florida

Fla. Stat.

§ 985.155    Neighborhood restorative justice
General Subject: Juvenile – Establishment of RJ Centers.

§ 39.01       Definitions
General Subject: Juvenile – Reference to Ch.985 Neighborhood RJ.

§ 1006.13    Policy of zero tolerance for crime and victimization
General Subject: Education – Schools may use RJ as alternative to expulsion.

Georgia

Ga. Code Ann.

§ 15-11-20   Referral for mediation
General Subject: Juvenile – Referral for mediation (VOM).

Hawaii

Haw. Rev. Stat.

§ 615-1            Women’s corrections implementation commission; established; powers and duties
General Subject: Women’s corrections implementation commission shall include RJ model program.

§ 353H-31       Adult offender reentry programs and services
General Subject: Authorization of contracts to facilitate RJ.

§ 571-31.4       Informal adjustment, law violators
General Subject: Youth – Child defendant may participate in RJ.

§ 302A-1004    Educational accountability system; annual reports
General Subject: Education - Department of Education shall report annually & make public information on RJ.

Illinois

105 Ill. Comp. Stat.

5/2-3.181         Safe Schools and Healthy Learning Environments Grant Program.
General Subject: Education – Safe Schools & Health Learning Environments Grant application may include RJ.

5/2-3.186         Freedom Schools; grant program
General Subject: Education – Freedom Schools Grant application may include RJ.

5/22-45            Illinois P-20 Council
General Subject: Education – Illinois P-20 Council shall report on resources to include RJ.

5/34-18.73       Parental notification of student discipline
General Subject: Education – Schools to provide reporting to parent or guardian of student receiving disciplinary action, including a description of RJ measures.

725 Ill. Comp. Stat.

5/122-9            Motion to resentence by the People
General Subject: Criminal – Sentencing to advance public safety through punishment, rehabilitation, and RJ.

730 Ill. Comp. Stat.

5/3-2.5-5         Purpose
General Subject: Juvenile – Department of Juvenile Justice shall promote philosophy of RJ.

110/16.1          Redeploy Illinois Program
General Subject: Juvenile – Redeployment of funds to seek to restore offender to the community through means such as VOPs.

735 Ill. Comp. Stat.

5/804.5            Parties to a restorative justice practice
General Subject: General – Section intended to encourage use of RJ.

Indiana

Ind. Code

§ 20-28-3-3.5   Guidelines
General Subject: Education – Guidelines to incorporate methost to develop competency in RJ.

§ 31-37-8.5-1   Juvenile diversion process. [Effective July 1, 2023]
General Subject: Juvenile – RJ focuses on repairing harm for victims and community.

§ 31-37-8.5-4   Restorative justice services included in juvenile diversion. [Effective July 1, 2023]
General Subject: Juvenile – Diversion may include RJ.

§ 31-40-5-3      Purpose. [Effective July 1, 2023]
General Subject: Juvenile – Juvenile Diversion Grant Program to emphasize the use of RJ practices.

§ 31-41-2-5      Factors to be considered
General Subject: Juvenile – Dual status assessment team to consider child’s best interests & well-being, including RJ practices.

§ 35-40-6-5      Waiver from victim in victim-offender reconciliation program.
General Subject: Criminal – Victim participating in VORP to sign waivers.  Not required to participate in VORP.

§ 35-40-6-4      Duties of prosecuting attorney or victim assistance program
General Subject: Criminal – Guidelines for VORP.

§ 11-12-8-1      “Community corrections program” defined
General Subject: Juvenile – Community Corrections Program means a CBP that provides preventive services, including VORP.

§ 11-12-1-1      “Community corrections program” defined
General Subject: Community - Community Corrections Program means a CBP that provides preventive services to a variety of people groups.

§ 35-44.1-3-6   Trafficking with an inmate outside a facility
General Subject: Juvenile – “Inmate outside a facility” does not include part of a CBP.

Kansas

Kan. Stat. Ann.

§ 38-2361        Sentencing alternatives
General Subject: Juvenile – Court may impose sentencing alternatives, including participation in a CBP.

§ 75-7038        Grants to counties for juvenile community correctional services
General Subject: Juvenile – Secretary of Corrections may make grants to counties for development, implementation, operation & improvement of RJ programs.

Kentucky

Ky. Rev. Stat. Ann.

§ 600.020        Definitions for KRS Chapters 600 to 645
General Subject: Juvenile – “Graduated sanction” includes rehabilitative interventions, such as RJ programs.

Louisiana

La. Stat. Ann.

§ 17:100.1       Alternative educational programs; certain adjudicated students; students in the custody of the office of juvenile justice; funding; authority of the local school board to contract; inclusion in minimum foundation program; funding formula
General Subject: Education – Child assigned to CBP to be counted for federal funding.

§ 17:3991        Charter schools; requirements; limitations; renewal; amendment; revocation; board membership
General Subject: Education – Charter school charters shall contain provision for RJ.

§ 46:2600        Definitions
General Subject: Juvenile – “Exemplary sanction” may include RJ.

§ 17:3983        Chartering process by type; eligibility; limitations; faculty approval; parental approval
General Subject: Education – RJ provision part of Charter school proposals to be review.

§ 46:1846        Communication between offender and victim prohibited; exceptions
General Subject: Community – Person convicted of various crimes not allowed to communicate with victim unless victim or family members initiate RJ program.

§ 17:416          Discipline of students; suspension; expulsion
General Subject: Education – Disciplinary measures for students in kindergarten through grade five include RJ option.

Maine

Me. Stat.

28-B M.R.S. § 109    Enhanced training for criminal justice agencies and municipalities
General Subject: Criminal – training of agencies in, among other elements, RJ.

34-A M.R.S. § 1001   Definitions
General Subject: Corrections – RJ defined.

34-A M.R.S. § 1214   Office of Victim Services
General Subject: Corrections – Office of Victim Services shall assist victims with benefits of RJ.

34-A M.R.S. § 1216   Confidentiality of information
General Subject: Corrections – Confidentiality of records keeping, and divulging of criminal history in re: CBP.

34-A M.R.S. § 1402   Duties
General Subject: Corrections – Commissioner of corrections duties include: culturally informed prevention, diversion and RJ programs.

15 M.R.S. § 3204      Statements not admissible in evidence
General Subject: Criminal – Statements made during an RJ program are not admissible as evidence.

15 M.R.S. § 3308-C   Confidentiality of juvenile case records
General Subject: Juvenile - Appropriate notice of discharge must be provided if disposition included RJ event.

20-A M.R.S. § 4014   Use of seclusion and physical restraint
General Subject: Education - RJ included in a list of programs that reduce the likelihood of behavior that leads to physical restraint or seclusion.

20-A M.R.S. § 6557   Maine School Safety Center
General Subject: Education - The Maine School Safety Center is responsible for providing RJ assistance.

Maryland

Md. Code Ann.

State Gov’t § 9-3209 Performance Incentive Grant Fund
General Subject: Performance Incentive Grant Fund provides for diversion programs, including RJ programs.

Massachusetts

Mass. Gen. Laws

ch. 276B, § 1    Definitions
General Subject: Community-Based RJ program” and RJ defined.

ch. 276B, § 2    Community-Based Restorative Justice Program — Voluntary Participation, Completion
General Subject: Criminal – Voluntary, pre-arraignment aspects of community-based RJ program. RJ may be a final case disposition.

ch. 276B, § 3    Community-Based Restorative Justice Program — Eligibility
General Subject: Criminal – Elements to preclude eligibility to participate in community-based RJ program.

ch. 276B, § 4    Community-Based Restorative Justice Program — Participation Not to be Used in Legal Proceedings Against Participant
General Subject: Criminal – Participation in RJ pgram shall be confidential and shall not be used as evidence or admission of guilt.

ch. 276B, § 5    Community-Based Restorative Justice Program — Restorative Justice Advisory Committee
General Subject: Criminal – RJ advisory committee to review RJ programs. Role of advisory committee & guidelines for RJ facilitators.

ch. 75, § 47      Statewide Community Mediation Center Grant Program
General Subject: Community mediation center defined.

ch. 94G, § 14   Marijuana Regulation Fund
General Subject: Money in Marijuana Regulation Fund to be used in part with programming for RJ.

ch. 119, § 88     Juvenile — Community-Based Restorative Justice Program
General Subject: Juvenile – Complaint against a child may result in participation in a community-based RJ program.

Michigan

Mich. Comp. Laws

§ 380.1310b     Policy prohibiting bullying; adoption and implementation; public hearing; submission of policy to department; contents of policy; annual report of incidents of bullying; form and procedure; school employee, school volunteer, pupil, or parent or guardian reporting act of bullying to school official; modified policy; definitions; section to be known as “Matt Epling Safe School Law.”
General Subject: Education - Schools are encouraged to include "restorative practices" in their anti-bullying practices.

§ 380.1310c     Restorative practices
General Subject: Education - A school can offer VOC.

§ 380.1310d     Suspension or expulsion of pupil; required considerations; exemption; method of consideration of factors
General Subject: Education - Restorative practices to be considered when contemplating expulsion.

§ 798.33          Adoption of policies, rules, and regulations that improve crime victim satisfaction within criminal justice system
General Subject: Corrections - Department of Corrections or any regional, local, or county governmental agency … shall offer facilitation of victim-offender dialogue if the victim is willing.

Minnesota

Minn. Stat.

§ 13.822          SEXUAL ASSAULT DATA
General Subject: Definition of CBP.

§ 244.196        DEFINITIONS
General Subject: Corrections – Probation violation sanction can include participation in a RJ program.

§ 299A.73        GRANTS-IN-AID TO YOUTH INTERVENTION PROGRAMS
General Subject: Juvenile – “Youth intervention program” means a nonresidential CBP.

§ 388.24          PRETRIAL DIVERSION PROGRAMS FOR JUVENILES
General Subject: Juvenile – Pretrial Diversion Programs providing alternative to adjudication that emphasizes RJ.

§ 609.092         JUVENILE PETTY OFFENDERS; USE OF RESTORATIVE JUSTICE
General Subject: Criminal – Establishment & parameters of RJ program.

§ 609.125         SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR
General Subject: Criminal - RJ as an option for misdemeanor or gross misdemeanor convictions.

§ 609.135         STAY OF IMPOSITION OR EXECUTION OF SENTENCE
General Subject: Criminal - Participation in RJ is considered an "intermediate sanction".

§ 609.1056       MILITARY VETERANS; CRIMES COMMITTED BECAUSE OF CONDITIONS RESULTING FROM SERVICE; DISCHARGE AND DISMISSAL
General Subject: Criminal / Veterans - Creation of county and city pretrial diversion programs for Veterans.

§ 611A.775      RESTORATIVE JUSTICE PROGRAMS
General Subject: Criminal - Explanation of RJ Program.

§ 611A.77        MEDIATION PROGRAMS FOR CRIME VICTIMS AND OFFENDERS
General Subject: Criminal - The executive director of the Office of Justice Programs awards grants to initiate & evaluate VOM programs.

Mississippi

Miss. Code Ann.

§ 9-1-17          Supreme Court, circuit, chancery and county courts and Court of Appeals may punish for contempt and refer certain persons for placement in restitution, house arrest or restorative justice center or program
General Subject: Failure to pay child support can result in referral to RJ.

§ 9-5-87           Power to punish for violation of injunction
General Subject: Failure to pay child support can result in referral to RJ.

§ 9-23-3           Legislative intent
General Subject: Courts – The role of intervention courts is to deal with criminal behavior through RJ.

§ 93-5-23         Custody of children; alimony; effect of military duty on custody and visitation
General Subject: Failure to pay child support can result in referral to RJ.

§ 99-37-19       Restitution centers
General Subject: Criminal - Failure to pay child support can result in referral to RJ.

Missouri

Mo. Rev. Stat.

§ 217.440        Program of restorative justice, requirements
General Subject: Penal – RJ authorized in correctional centers.

§ 217.760         Probation and parole officers furnished to circuit courts, when — presentence and preparole investigations—requirements
General Subject: Penal – RJ included as an element in probation and parole considerations.

§ 217.777         Community corrections program alternative for eligible offenders, purpose — operation — rules
General Subject: Penal - Community corrections program shall implement and operate community-based RJ projects.

§ 558.019         Prior felony convictions, minimum prison terms — prison commitment defined — dangerous felony, minimum term prison term, how calculated — sentencing commission created, members, duties — expenses — cooperation with commission — restorative justice methods — restitution fund
General Subject: Prisons – Courts retain discretion to order RJ methods.

§ 559.021         Conditions of probation — compensation of victims — free work, public or charitable — defendant not an employee for workers’ compensation purposes — payment to county restitution fund, when
General Subject: Probation – In service to victims, courts may include conditions of RJ.

§ 217.777         Community corrections program alternative for eligible offenders, purpose — operation — rules
General Subject: Probation - Condition for probation can include VOM.

Montana

Mont. Code Ann.

5-11-222          Reports to legislature
General Subject: Legislative – RJ grant program reported to legislature.

20-9-236          Transfer of funds — improvements to school safety and security
General Subject: Education – School district can transfer funds for RJ.

44-7-301          Intent
General Subject: Criminal – Board of Crime Control to provide funds to establish RJ programs.

44-7-302          Restorative justice grants
General Subject: Criminal – Purposes of RJ grant program & definition of RJ.

44-7-303          Restorative justice fund created — source of funding — use of fund
General Subject: Law Enforcement – Existence & restrictions of RJ fund.

46-18-101        Correctional and sentencing policy
General Subject: Criminal – Sentencing practices to promote RJ.

46-18-104        Definitions
General Subject: Criminal – RJ defined.

46-18-201        Sentences that may be imposed
General Subject: Criminal - Deferred sentence may incorporate participation in a RJ program.

41-5-1304        Disposition permitted under consent adjustment
General Subject: Juvenile - In youth court, youth can be required to participate in VOM

Nebraska

Neb. Rev. Stat.

§ 25-2902        Legislative findings
General Subject: Dispute Resolution Act – value of RJ & mediation.

§ 25-2903        Terms, defined
General Subject: Dispute Resolution Act – Explanation of RJ, RJ facilitator.

§ 25-2904        Office of Dispute Resolution; established; director; qualifications; duties
General Subject: Dispute Resolution – Director of Office of Dispute Resolution needs to have training in RJ.

§ 25-2905        Advisory Council on Dispute Resolution; created; members
General Subject: Dispute Resolution – Advisory Council on Dispute Resolution includes people trained in RJ.

§ 25-2908        Director; duties.  (pt. of Dispute Resolution Act)
General Subject: Dispute Resolution – Role of the Director of Dispute Resolution as regards awareness, implementation, training & evaluation of RJ.

§ 25-2909        Grants; application; contents; approved centers; reports
General Subject: Dispute Resolution – Application for proposing a Dispute Resolution Center includes RJ procedures and qualifications for mediators & RJ facilitators.

§ 25-2911         Restorative justice programs and dispute resolution; types of cases; referral of cases
General Subject: Dispute Resolution – Types of cases accepted for RJ & RJ as one approach to Dispute Resolution.

§ 25-2912.01    Restorative justice practices, restorative justice services, or restorative justice programs; activities to repair harm
General Subject: Dispute Resolution – RJ practices, services & programs not limited to victim youth conferences, VOM, family conferences, circles, peer-to-peer mediation, etc.  RJ provides opportunity for healing.

§ 25-2912.02    Best practices; policies and procedures
General Subject: Dispute Resolution – Office of Dispute Resolution to conduct RJ programs per best practices, including evidence-based programs.

§ 25-2912        Restorative justice or dispute resolution process; procedures
General Subject: Dispute Resolution – RJ procedures

§ 25-2913        Mediators and restorative justice facilitators; qualifications; compensation; powers and duties
General Subject: Dispute Resolution – Requirements for mediators & RJ facilitators.

§ 25-2914.01    Verbal, written, or electronic communication; confidentiality; privileged; disclosure; when; activities of juvenile; limit on evidence
General Subject: Dispute Resolution – Confidentiality in RJ matters.

§ 25-2915        Immunity; exceptions
General Subject: Dispute Resolution – Immunity & exceptions from immunity for RJ facilitators, staff members, or governing board.

§ 25-2916        Agreement; contents
General Subject: Dispute Resolution – RJ agreements to be in writing.

§ 25-2917        Tolling of civil statute of limitations; when
General Subject: Dispute Resolution – Tolling statute as regards RJ.

§ 25-2919        Application of act
General Subject: Dispute Resolution Act to apply only to approved centers, mediators & RJ facilitators.

§ 43-2,108.01   Sealing of records; juveniles eligible
General Subject: Juvenile – Applicability of sections as regards juveniles offered RJ.

§ 43-2,108.02   Sealing of records; notice to juvenile; contents
General Subject: Juvenile – Records to be sealed upon satisfactory completion of RJ.

§ 43-2,108.03   Sealing of records; county attorney or city attorney; duties; motion to seal record authorized
General Subject: Juvenile – County or city attorney responsible for notification of satisfactory completion of RJ & sealing of records.

§ 43-2,108.03   Sealing of records; notification of proceedings; order of court; hearing; notice; findings; considerations
General Subject: Juvenile – Court shall order records sealed upon rehabilitation, including RJ.

§ 43-245          Terms, defined
General Subject: Juvenile – Definition of RJ & Facilitator Training requirements

§ 43-246          Code, how construed
General Subject: Juvenile – Court to offer selected juveniles opportunity to take direct personal responsibility through RJ practices.

§ 43-247.03      Restorative justice practices; confidential; privileged communications
General Subject: Juvenile – Court may provide parties opportunity to address issues through RJ practices, family group conferences, juvenile VOD, VYC, VOM, etc.

§ 43-247.04      Legislative intent; State Court Administrator; duties; Department of Health and Human Services; duties
General Subject: Juvenile – Legislative intent re: budgeting for various services including VYC, RJ, VOD, etc..

§ 43-260.06      Juvenile diversion agreement; contents
General Subject: Juvenile – Juvenile Diversion Agreement to include participation in RJ.

§ 43-274          County attorney; city attorney; preadjudication powers and duties; petition, pretrial diversion, or restorative justice practice or service; transfer; procedures; appeal
General Subject: Juvenile – County or City attorney may utilize RJ practices.  Role of facilitator & victim in RJ practice.

§ 43-275          Petition, complaint, or restorative justice program consent form; filing; time
General Subject: Juvenile – filing time for RJ program consent form.

§ 43-276          County attorney; city attorney; criminal charge, juvenile court petition, pretrial diversion, restorative justice, or transfer of case; determination; considerations; referral to community-based resources
General Subject: Juvenile – Considerations by county or city attorney when filing charges or offering RJ to juveniles.

§ 43-286          Juvenile violator or juvenile in need of special supervision; disposition; violation of probation, supervision, or court order; procedure; discharge; procedure; notice; hearing; individualized reentry plan
General Subject: Juvenile – Court may order juvenile to participate in RJ programs.

§ 79-209          Compulsory attendance; nonattendance; school district; duties; collaborative plan; considerations; referral to county attorney; notice
General Subject: Education – School boards shall have a written attendance policy which shall include provision for excessive absences, ad barriers to attendance.  Services include referral to RJ practices or services.

§ 79-258          Administrative and teaching personnel; authorized actions
General Subject: Education – Administrators & teaching personnel may take actions regarding student behavior, including referral to RJ practices or services.

§ 83-904          Vocational and Life Skills Program; created; Vocational and Life Skills Programming Fund; created; use; investment; reports
General Subject: General – The vocational and Life Skills Programming Fund shall provide grants to nonprofit organizations that provide vocational & life skills, including RJ programming.

Nevada

Nev. Rev. Stat.

§ 209.511         Duties and authorized actions of Director relating to release of offenders from prison; payment of costs
General Subject: Prisons – CBP to assist in reentry to community.

§ 385A.250      Discipline of pupils
General Subject: Education – Annual report to include information on discipline of pupils, including plan for RJ & employee training in RJ.

§ 388.133         Policy by Department concerning safe and respectful learning environment
General Subject: Education – Policy for safe & respectful learning must include requirements & methods for restorative disciplinary practices.

§ 388.887         Development of curriculum regarding the Holocaust and other genocides; reports
General Subject: Education – Curriculum on holocaust & genocide to include exploration of transitional & RJ.

§ 388.1333       Development of statewide framework for restorative justice by Department
General Subject: Education – Development of statewide framework for RJ, to include action plan based on RJ in public school.

§ 388A.495      Adoption and distribution of rules of behavior and punishments; procedure for suspension or expulsion of pupils; adoption of rules for truancy
General Subject: Education – Pupil who is at least 11 years & poses a continuing danger, may be removed from charter school only after a reasonable effort to complete an action plan based on RJ.

§ 388C.150      Rules of behavior for pupils; procedure for suspension or expulsion; rules for truancy
General Subject: Education – Pupil who is at least 11 years & poses a continuing danger, may be removed from a university school only after a reasonable effort to complete an action plan based on RJ.

§ 392.466         Plan of action for pupil who engages in battery on employee of school, possession of firearm or dangerous weapon or sale or distribution of controlled substance or is deemed a habitual disciplinary problem; appeal by employee who is victim of battery; suspension or expulsion of such pupils; modification to suspension or expulsion; limitations for pupils with disabilities
General Subject: Education – Pupil who commits a battery resulting in bodily injury of an employee or who sells or distributes controlled substance on school grounds.  School shall provide action plan based on RJ to the parent or legal guardian. If student is transferred to another school, school district shall coordinate with new school to create action plan based on RJ.

§ 392.472         Requirement to provide plan of action before removing, suspending or expelling pupil; example plans of action; approval of plans of action; guidance document
General Subject: Education – A public school shall provide action plan based on RJ before removing pupil from a classroom or other premises of the school, or suspending or expelling pupil.

§ 392.4644       Plan for restorative discipline and on-site review of disciplinary decisions; annual review and revision of plan; posting and distribution of plan; written reports by board of trustees concerning compliance with section
General Subject: Education – Board of trustees for each school district to establish plan to provide for restorative discipline of pupils that is in accordance with statewide framework for RJ.

New Hampshire

N.H. Rev. Stat. Ann.

21-H:4            Internal Organizational Units
General Subject: Corrections – Department of correction includes VOD & RJ programs.

21-M:8-b         Office of Victim/Witness Assistance
General Subject: Justice - The Office of Victim/Witness Assistance  provides victims access to RJ programs

21-M:8-h         Claimant Eligibility; Compensation. [Effective July 1, 2023]
General Subject: Justice - Reimbursement of expenses related to RJ.

21-M:8-k         Rights of Crime Victims
General Subject: Justice - Right to access RJ & VOD programs.

169-B:2           Definitions
General Subject: Juvenile – “Court approved diversion program” integrates RJ practices.

New Jersey

N.J. Stat. Ann.

§ 18A:35-4.31  Recess period required; exceptions
General Subject: Education – Students denied recess for conduct violations shall be provided RJ activities.

§ 18A:37-38     Definitions relative to restorative justice
General Subject: Education – RJ defined.

§ 18A:37-39     "Restorative Justice in Education Pilot Program"
General Subject: Education – Establishment of RJ in Education Pilot Program to implement RJ in public schools, with a goal of reducing recidivism rates.

§ 18A:37-40     Application for participation by school district
General Subject: Education – Applications guidelines for participation in RJ in Education Pilot Program.

§ 18A:37-41     Selection of districts
General Subject: Education – Commissioner to select districts & award grants to be used to develop & implement RJ practices.

§ 18A:37-43     Ongoing professional development for teachers, staff
General Subject: Education – School District in RJ in Education Pilot Program shall provide professional development.

§ 18A:37-45     Report
General Subject: Education – School Districts to report on RJ practices.

§ 18A:37-46     "Restorative Justice Education Fund"
General Subject: Education - Establishment of RJ Education Fund.

§ 52:4B-54.2    In-service training course on how to handle, investigate, and respond to reports of sexual assault
General Subject: Crime – triennial in-service training course & curriculum to include emphasizing the value of RJ in sexual assault cases.

New Mexico

N.M. Stat. Ann.

§ 29-21-3         Policies and procedures; required
General Subject: Law enforcement – Violation of the Prohibition of Profiling Practices Act can result in RJ measures for law enforcement officer.

New York

NY CLS

Cannabis § 10 Powers and duties of the cannabis control board
General Subject: Cannabis law – Cannabis Control Board shall provide an annual report that includes progress made in achieving social goals, including RJ.

Correc § 137    Program of treatment, control, discipline at correctional facilities. [Effective March 31, 2022]
General Subject: Corrections – RJ training requirements for special housing unit, keeplock unit & residential rehabilitation unit staff & supervisors.

North Carolina

N.C. Gen. Stat.

§ 7B-1501        Definitions
General Subject: Juvenile – CBP defined.

§ 7B-1706        Diversion plans and referral
General Subject: Juvenile – Juvenile court counselor may divert juvenile pursuant to a diversion plan, may include referral to VOM.

§ 7B-2506        Dispositional alternatives for delinquent juveniles
General Subject: Juvenile - Court has option to order a juvenile to cooperate with a CBP or VOR program.

§ 143B-805      Definitions
General Subject: Juvenile – CBP defined.

North Dakota

N.D. Cent. Code

§ 12.1-32-02    Sentencing alternatives — Credit for time in custody — Diagnostic testing
General Subject: Criminal – Completion of RJ program is an option for certain convictions. RJ program focuses on rehabilitation.

§ 27-20.2-01    Definitions
General Subject: Juvenile – RJ defined.

§ 27-20.4-01    Definitions
General Subject: Delinquency – CBP defined.

§ 27-20.4-10    Diversion
General Subject: Delinquency – Director of juvenile court has option to divert a child offender to a CBP or service.

Ohio

Ohio Rev. Code Ann.

2152.19           Additional orders of disposition; motor vehicle license suspension; victim restitution, impact statement; truancy warnings; searches
General Subject: Juvenile – Court may establish a VOM program.

2929.01           Definitions
General Subject: Criminal – VOM defined.

2929.17           Nonresidential sanctions
General Subject: Criminal – Requirement for VOM.

2929.27           Nonresidential and other sanctions; community service
General Subject: Criminal – Court may impose nonresidential sanctions that include requirement for offender to participate in VOM.

Oklahoma

Okla. Stat.

10A § 2-7-501  Intake, Probation, and Parole Services
General Subject: Juvenile – Substance abuse finding not sole basis for revocation of participation in a CBP.  Literacy skills assessment results not sole basis for revocation of participation in a CBP.

22 § 60.4          Hearing—Service of Process—Emergency Orders—Protective Orders—Period of Relief—Title to Real Property [Effective November 1, 2022]
General Subject: Criminal – Court shall not impose conditions that may compromise safety of a victim including VO Counseling sessions.

22 § 305.2        Agreements to Defer Prosecution—Consideration—Contents—Conditions
General Subject: Criminal – District attorneys authorized to create RJ programs for nonviolent offenders.

22 § 305.7        Restorative Justice Pilot Program—Definitions—Expiration
General Subject: Criminal – Development of five-year RJ pilot program.

22 § 991a         Sentence—Powers of the Court
General Subject: Criminal – Court has the option in non-death sentence cases to offer a VORP.

Oregon

Or. Rev. Stat.

§ 137.679        Restorative justice grant program; rules
General Subject: Criminal – Establishment of RJ programs.

§ 161.398         Restorative justice program; rules
General Subject: Criminal – Rules for establishing RJ program.

§ 329.494         Instruction about the Holocaust and genocide. [Effective until September 1, 2025]
General Subject: Education – Instruction on the Holocaust & genocide to include elements of RJ.

§ 420A.300      Policy
General Subject: Juvenile – RJ includes FDs.

§ 420A.305      Facilitated dialogue and responsibility letter bank program communications
General Subject: Juvenile – Explanation of elements included in FD.

§ 420A.310      Confidentiality of communications
General Subject: Juvenile – Confidentiality & responsibility for people involved with FD.

§ 420A.315      Rules
General Subject: Juvenile – Rules for carrying out provisions of RJ to be adopted by Oregon Youth Authority.

§ 423.600         Legislative findings
General Subject: Juvenile – RJ programs include FD.  Open, honest communication is important, and communications are to be confidential.

§ 423.605         Definition
General Subject: Juvenile – FD explained and defined, including all oral, written or recorded communications.

§ 423.610         Liability of persons associated with program; confidentiality of communications
General Subject: Juvenile – Liability of persons associated with FD.

§ 423.615         Rules
General Subject: Juvenile – Department of Corrections shall adopt rules as regards RJ programs.

§ __.___ [Added by 2021 c. 519 § 2]       
General Subject: Recent – When adopting rules defining RJ, the Oregon Criminal Justice Commission shall consult with the Racial Justice Council.

§ __.___ [Added by 2022 c. 78 § 15]      
General Subject: Funding - Trauma-informed RJ services

§ ___.___ [Added by 2023 c. 95 § 1]      
General Subject: Definitions - RJ communication, RJ program, and community-based program.

§ ___.___ [Added by 2023 c. 95 § 2]       Restorative justice programs to promote justice and healing.
General Subject: Definitions - RJ programs promote justice & healing.  RJ communications are confidential.

§ ___.___ [Added by 2023 c. 95 § 3]       Confidentiality of restorative justice communications.
General Subject: Confidentiality - RJ communications are confidential. Exceptions to confidentiality.

Pennsylvania

Pa. Cons. Stat.

24 P.S. § 13-1302-A    Office for safe schools
General Subject: Education – Office of Safe Schools established, to fund RJ strategies.

24 P.S. § 13-1306-B     School safety and security grant program
General Subject: Education – Grants available to schools to address safety & security, including RJ strategies & curricula.

24 P.S. § 13-1313-C    School resource officers
General Subject: Education – School may confer power on school resource officers to train students in conflict resolution, RJ and crime awareness.

42 Pa.C.S. § 6301       Short title and purposes of chapter
General Subject: Juvenile – three aspects of RJ include protection of the community, imposition of accountability for offenses committed, & development of competencies to enable juvenile to become a responsible & productive member of the community.

Puerto Rico

P.R. Laws Ann.

4 § 1613          Citizens’ Committee
General Subject: Corrections – Citizens’ Committee for the Implementation of the Constitutional Rehabilitation Mandate established in part to promote benefits of RJ in the penal system.

24 § 10051       Definitions
General Subject: Corrections – Definition of CBP in relation to Psychoactive Substance Use Prevention Specialist Certification Act.

Rhode Island

R.I. Gen. Laws

§ 21-28.11-31   Social equity assistance program and fund
General Subject: Social equity assistance fund to be used in part for administering RJ program.

§ 42-72-33       Youth diversion program
General Subject: Juvenile – Establishment of CBP to provide outreach & advocacy to youth (ages 9-17) who may be subject of family court petition or at risk for committing various violations.

South Carolina

S.C. Code Ann.

§ 24-23-30       Community corrections plan to include description of community-based program needs
General Subject: Corrections – Community corrections plan to include CBP.

Tennessee

Tenn. Code Ann.

§ 16-20-101     Legislative findings and intent
General Subject: Courts – Intent of general assembly to stimulate the establishment & use VOM centers.

§ 16-20-102     Operation by a corporation
General Subject: Courts – Corporation development of VOM centers.

§ 16-20-103     Confidential and privileged documents and communications
General Subject: Courts – VOM Center documents & communications are confidential.

§ 16-20-104     Withdrawal from dispute resolution
General Subject: Courts – Person can withdraw from dispute resolution process without penalty.

§ 16-20-105     Immunity from suit
General Subject: Courts – Directors of VOM center immune from lawsuit.

§ 16-20-106     Raising and disbursing funds — State funding
General Subject: Funding – Funding for VOM centers

§ 37-1-131       Delinquent child — Disposition — Restitution
General Subject: Juvenile – Court can decide whether RJ is an appropriate option to financial restitution.

§ 40-35-104     Sentencing alternatives
General Subject: General – Sentencing alternatives to include CBPs.

§ 40-35-303     Probation — Eligibility — Terms
General Subject: Criminal – Compliance with supervision may include participation in an appropriate CBP.

§ 40-36-302     Community-based options and services
General Subject: Criminal – Community corrections funds can be used for CBPs.  Noncustodial community corrections options may include VOM.

§ 49-6-3009     Educational neglect — Progressive truancy plans that implement tiers of intervention — Referral to juvenile court
General Subject: Education – Progressive truancy plans include in Tier three participation in school-based RJ program.

§ 49-6-3024     Review of laws and policies related to exclusionary discipline of students in pre-kindergarten through kindergarten
General Subject: Education – Pre-kindergarten through kindergarten exclusionary discipline plans include encouraging schools to adopt RJ practices.

Texas

Tex. Code Ann.

Crim. Proc.

Art. 26.13        Plea of Guilty
General Subject: Criminal – Court may assist victim and defendant in participating in a VOM program.

Art. 42A.301    Basic Discretionary Conditions
General Subject: Criminal – Judge shall determine conditions of community supervision.  Assessment includes conditions designed to restore the community, protect or restore the victim.

Art. 42A.702    Time Credits for Completion of Certain Conditions of Community Supervision
General Subject: Criminal – Defendant can receive time credits for participation in a community-based program.

Art. 56A.051    General Rights
General Subject: Criminal – Victim is entitled to the right to request VOM.

Art. 56A.602    Victim-Offender Mediation
General Subject: Criminal – Victim services division shall train volunteers to act as mediators and provide VOM service.

Fam. Code

§ 54.0401       Community-Based Programs
General Subject: Juvenile – The Texas Juvenile Justice Department to establish guidelines for implementation of community-based programs.

Educ.

§ 48.115         School Safety Allotment
General Subject: Education – Funds to be used for school safety, including development training and implementation of RJ programs.

Civ. Prac. & Rem.

§ 152.007       Participant Fee for Criminal Dispute Resolution
General Subject: Dispute Resolution – Fees collected may be used for VOM program.

§ 154.023         Mediation
General Subject: Dispute Resolution – Mediation includes VOM.

§ 154.073         Confidentiality of Certain Records and Communications
General Subject: Dispute Resolution – Confidentiality of records & statements applied to VOM.

Hum. Res.

§ 221.002       General Rules Governing Juvenile Boards, Probation Departments, Probation Officers, Programs, and Facilities
General Subject: Juvenile – Juvenile boards shall adopt rules that provide appropriate educational training & certification for community-based program personnel, including trauma-informed care training.

Gov’t.

§ 508.191       No Contact with Victim
General Subject: Parole – Defendant may participate in VOM.

§ 508.324         Victim-Offender Mediation
General Subject: Parole – Pardons & paroles division shall participate if a victim wishes to participate in VOM.

§ 2009.053       Impartial Third Parties
General Subject: Dispute Resolution – A governmental body may appoint governmental officer or employee or private individual to serve as an impartial third party, subject to approval of the parties –VOM is an exception.

Occ.

§ 1701.262     Training for School District Peace Officers and School Resource Officers. [Expires September 1, 2023]
General Subject: Education – Curriculum developed under this section to incorporate learning objectives that include RJ techniques.

Utah

Utah Code Ann.

§ 53G-4-402    Powers and duties generally
General Subject: Education – Local school board may establish or partner with RJ program.  School may refer student to youth court or RJ program.

§ 53G-8-211     Responses to school-based behavior
General Subject: Education – RJ program defined.  Certain classes of behavior may result in referring minor to RJ program.

§ 53G-8-702    School resource officer training — Curriculum
General Subject: Education – School training programs include training on RJ practices.

§ 63M-7-208    Juvenile justice oversight — Delegation — Effective dates
General Subject: Juvenile – Review of averted costs from reductions in out—of-home placements to include expansion of VOM.

§ 63M-7-216    Prosecutorial data collection — Policy transparency
General Subject: Juvenile – Prosecutorial agencies shall publish policies including policy on RJ programs.

§ 64-13g-102    Adult Probation and Parole Employment Incentive Program
General Subject: Probation & Parole – funding from incentive payment account used for implementing & expanding services, including RJ programs.

§ 78A-6-353     Contempt — Penalty — Enforcement of fine, fee, or restitution
General Subject: Juvenile – In cases of contempt of court, juvenile court may not enforce a disposition … through an order for detention, a community-based program, or secure care.

§ 80-1-102       Juvenile Code definitions
General Subject: Juvenile – CBP defined. Community placement means placement of a minor in a CBP.

§ 80-5-201       Division responsibilities
General Subject: Juvenile – In case of unauthorized leave from a CBP, a division employee has authority to apprehend the minor and initiate action.

§ 80-5-302       Juvenile Justice Reinvestment Restricted Account
General Subject: Juvenile – Juvenile Justice Services may expend funds from a restricted account for statewide expansion of nonresidential CBPs, including VOM.

§ 80-6-304       Nonjudicial adjustments
General Subject: Juvenile – For nonjudicial adjustment, probation officer may require a minor to attend VOM if requested by the victim.

§ 80-6-703       Placement of a child — Commitment of a minor to the division — Limitations
General Subject: Juvenile – If juvenile court commits a minor to the division, the court shall find whether the minor is to be placed in a CBP.

§ 80-6-704       Detention or alternative to detention — Limitations
General Subject: Juvenile – A minor may not be held in secure detention following a disposition by the juvenile court, except as provided … for a CBP.

§ 80-6-710       Determination of restitution — Requirements
General Subject: Juvenile – In ordering restitution, the court shall take into account participation in a RJ program.  If the minor and victim agree to participate, the court may refer minor’s case to a RJP, such as VOM.

Vermont

Vt. Stat. Ann.

28 § 2a            Restorative justice
General Subject: Corrections – State policy regarding RJ.

28 § 3              General definitions
General Subject: Corrections – RJ program defined.

28 § 101          Powers of the Department
General Subject: Corrections – Public Institutions & Corrections Department charged with chartering, establishing & funding  for prevention & RJ programs.

28 § 102          Commissioner of Corrections; appointment; powers; responsibilities
General Subject: Corrections – Commissioner of Corrections charged with development & implementation of RJ programs.

28 § 125          Justice Reinvestment II initiatives; report
General Subject: Corrections – Commissioner of Corrections to submit an annual report to include funding provided for diversion & RJ programs.

28 § 205          Probation
General Subject: Probation – Nothing in this subsection shall prohibit a court from requiring participation in RJP.

28 § 252          Conditions of probation and midpoint review
General Subject: Probation – The court may, as a condition of probation, require participation in RJP.

2 § 802            Duties
General Subject: Legislature – Joint Legislative Justice Oversight Committee shall review & make recommendations to the General Assembly regarding principles of RJ in relation to juvenile 7 criminal justice statutes.

1 § 906            Powers and duties of the commissioners [Repealed effective July 1, 2026]
General Subject: Truth & Reconciliation Commission – Work with experts in RJ.  To carry out duties, commissioners may consult with experts on issues related to discrimination, truth & reconciliation, & RJ. (Repealed effective 7/1/2026)

28 § 910a         Reparative boards; functions
General Subject: Corrections – The courts & other entities of the criminal justice system, implement RJP.  Education of public regarding RJP, & board access to central file of offender required to participate in RJP.

28 § 910          Restorative Justice Program
General Subject: Corrections – Chapter establishing a program of RJ.

24 § 1961         Legislative findings
General Subject: Community Justice – System of community justice centers will help each center further policy of achieving RJ.

24 § 1964         Structure of the community justice boards; confidentiality of certain restorative justice meetings
General Subject: Community Justice – Community Justice Center Boards may use a variety of RJ approaches.  Meeting or RJ panels & RJ group conferencing or mediation not subject to open meeting law.

24 § 1965         Duties of the community justice centers
General Subject: Community Justice – Each community justice center shall provide training on the RJ process.

24 § 1966         Community justice centers’ relationship with State government entities
General Subject: Community Justice – Agency for Human Services shall provide support to further policy of RJ.

33 § 5225         Preliminary hearing; risk assessment
General Subject: Juvenile – Preliminary hearing. In lieu of filing a charge, State’s Attorney may refer a child to youth-appropriate community-based provider which may include a community justice center & RJP.

33 § 5232         Disposition order
General Subject: Juvenile – Child found to be delinquent may be referred to youth-appropriate community-based provider which may include a community justice center or RJP.

33 § 5262         Conditions of probation
General Subject: Juvenile – As condition of probation, court may refer determination of amount, ability to pay, & manner of performance to a RJ panel.

13 § 7030         Sentencing alternatives
General Subject: Criminal – When sentencing, court may require participation in the RJP.

13 § 7180         Remedies for failure to pay fines, costs, surcharges, and penalties
General Subject: Criminal – Remedies for failure to pay, when not in contempt, may include participation in RJP.

13 § 7554c       Pretrial risk assessments; needs screenings
General Subject: Criminal – Pretrial services may include connecting person with RJ programs.

Virginia

Va. Code Ann.

§ 19.2-11.4      Establishment of victim-offender reconciliation program
General Subject: Criminal – Any Crim Victim & Witness Assistance Program may establish a VORP. Victim participating in VORP shall execute a waiver releasing the Crime Victim & Witness Program, etc. from civil & criminal liability. Victim not required to participate in VORP.

Washington

Wash. Rev. Code

§ 13.40.020        Definitions (as amended by 2021 c 206; contingent effective date; see notes)
General Subject: Juvenile – Community-based rehabilitation definition includes RJ programs.  RJ defined.

§ 13.40.070      Complaints — Screening — Filing information — Diversion — Modification of community supervision — Notice to parent or guardian — Probation counselor acting for prosecutor — Referral to community-based, restorative justice, mediation, or reconciliation programs. (Effective January 1, 2024)
General Subject: Juvenile – Participation in CBP, RJ programs, mediation, or VORP shall be voluntary for victims.

§ 13.40.080      Diversion agreement — Scope — Limitations — Restitution orders — Divertee’s rights — Diversion unit’s powers and duties — Interpreters — Modification
General Subject: Juvenile – Diversion unit may refer a juvenile to a RJP.

§ 28A.225.007 Student absence elimination and prevention — Guidance from the superintendent of public instruction
General Subject: Education - School – Superintendent of public instruction’s best practice guidance must focus on student & family engagement & be based in RJ practices.

§ 28A.300.650 School resource officer training — Materials — Grant program — Report
General Subject: Education - School – Superintendent of public instruction must have a grant program to fund training for school resource officers.  Training may incorporate restorative practices or RJ.

§ 28A.310.515 School safety and security staff — Training program — Guidelines for on-the-job and check-in training
General Subject: Education - School – Educational service districts must identify or develop classroom training in RJ principles & practices.

§ 36.27.130      Felony resentencing
General Subject: Prosecution – Prosecutors have discretion to petition for resentencing, to advance public safety through means including RJ.

§ 43.10.300      Hate crime advisory working group
General Subject: Attorney General – Office of Attorney General must have a multidisciplinary hate crime advisory working group with a view towards RJ.

§ 71.24.025      Definitions
General Subject: Behavioral Health – “Clubhouse” is CBP that provides rehabilitation services & is licensed or certified by the department.

West Virginia

W. Va. Code

§ 49-1-206       Definitions related, but not limited to, child advocacy, care, residential, and treatment programs
General Subject: Child Welfare – “Community-based juvenile probation sanctions” includes RJPs. RJP defined.

§ 49-4-725       Restorative justice programs
General Subject: Child Welfare – Court or prosecuting attorney may offer a juvenile the opportunity to participate in a voluntary RJP.  Includes guidelines for involvement in RJP.

§ 49-5-106       Data collection
General Subject: Child Welfare – Courts shall develop procedures to track & record outcomes of RJPs.

Wisconsin

Wis. Stat.

§ 165.95          Alternatives to incarceration; grant program
General Subject: Department of Justice – Department of justice shall make grants to enable counties & tribes to establish & operate programs based on principles of RJ.

§ 938.34          Disposition of juvenile adjudged delinquent
General Subject: Juvenile – If the court adjudges a juvenile delinquent, the court shall enter an order that may include VOM program if the victim agrees.