Reference is to the bill as introduced.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. (A)(1)
There is created a study committee that must
be known as the Restorative Justice Study Committee to review
the juvenile justice laws of the State and:
(a)
make recommendations to the General Assembly concerning
proposed changes to facilitate and encourage diversion of
juveniles from the juvenile justice system to restorative
justice practices:
(i)
to provide data to assess the
efficacy of restorative justice to reduce recidivism, to assist
in repairing the harm caused to victims and the community,
increase victim, offender, and community member satisfaction,
and reduce cost; and to promote the restorative justice
principles of reconciliation, responsibility, reintegration,
respect, relationship-building, and restitution; and
(ii)
when diversion may prevent juveniles from committing
additional criminal acts, restore victims of crime, facilitate
the juveniles' ability to pay restitution to victims of crime,
and reduce the number of cases in the juvenile justice system.
Restorative justice should ensure accountability while allowing
juveniles to avoid the collateral consequences associated with
criminal charges and convictions; and
(b)
provide recommendations concerning the creation of a pilot
restorative justice program. At a minimum, this pilot program
must require the circuit solicitor, prior to filing charges, to
assess if the juvenile is suitable for participation in the
restorative justice pilot program, and if the assessment
determines the juvenile is suitable, the circuit solicitor,
after consultation with the victim, may offer the juvenile
prefiling diversion to a program using restorative justice
practices. If the juvenile accepts participation in the program
using restorative justice practices, the circuit solicitor shall
not file the petition. The circuit solicitor shall place the
juvenile in a diversion program using restorative justice
practices, and the juvenile shall pay a fee that may be reduced
on sliding scale based on income consistent with guidelines used
to determine eligibility for appointment of counsel. If the
juvenile successfully completes the program, the circuit
solicitor shall not file a petition against the juvenile for the
alleged crimes that led to participation in the program. If the
juvenile is charged with a new offense while in the program or
does not successfully complete the program using restorative
justice practices, the circuit solicitor may initiate a petition
against the juvenile and shall proceed as authorized in this
article. Any statements made during the conference are
confidential and may not be used as a basis for charging or
prosecuting the defendant unless the defendant commits a
chargeable offense during the conference. Each participant in
the restorative justice program shall complete the uniform
restorative justice satisfaction evaluation. Fees collected
pursuant to the pilot program must be credited to a separate
fund in the State Treasury styled the 'Restorative Justice
Account', and the earnings on this account must be credited to
it. Restorative Justice Account proceeds only may be used for
the pilot program and restorative justice measures for juveniles
as the General Assembly provides by law.
(2)
For the purposes of the Restorative Justice Study
Committee, 'restorative justice practices' means practices that
emphasize repairing the harm caused to victims and the community
by offenses. Restorative justice practices include victim
initiated victim-offender conferences, family group conferences,
circles, community conferences, and other similar
victim-centered practices. Restorative justice practices must be
facilitated meetings attended voluntarily by the victim or
victim's representatives, the victim's supporters, the offender,
and the offender's supporters and may include community members.
By engaging the parties to the offense in voluntary dialogue,
restorative justice practices provide an opportunity for the
offender to accept responsibility for the harm caused to the
victim and community, promote victim healing, and enable the
participants to agree on consequences to repair the harm, to the
extent possible, including, but not limited to, apologies,
community service, reparation, restoration, and counseling.
Restorative justice practices may be used in addition to any
other conditions, consequences, or sentences imposed by the
court. Restorative justice practices include, but must be not
limited to, victim-offender conferences, family group
conferences, restorative circles of accountability and support,
community group conferences, solution circles, peace circles,
restorative circles, and restorative mediation. These practices
may benefit and include harmed parties, people who have done
harm and must be willing to take responsibility, and affected
family, community, and other directly impacted members.
(B) The study committee
must be composed of five members of the Senate, appointed by the
Chairman of the Senate Judiciary Committee, and five members of
the House of Representatives, appointed by the Chairman of the
House Judiciary Committee. The study committee shall review
corresponding restorative justice laws in other states in order
to determine whether amendments should be proposed to the
state's existing laws.
(C) Vacancies in the
membership of the study committee must be filled for the
remainder of the unexpired term in the manner of original
appointment.
(D) The Chairman of the
Senate Judiciary Committee and the Chairman of the House
Judiciary Committee shall provide appropriate staffing for the
study committee.
(E) The study committee
shall make a report of its recommendations to the General
Assembly by March 1, 2018, at which time the study committee
must be dissolved.
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect upon approval of the Governor. /
Renumber sections to conform.
Amend title to conform.