FT 30.3 - Restorative Justice Enablement Act

[KoopaDaQuick 🇵🇸]

Restorative Justice Enablement Act

The people of the Commonwealth of Fremont do enact as follows:

SECTION 1. Title & Background

1. The title of this legislation is duly hereby established as the Restorative Justice Enablement Act.
Whereas, it is important to recognize that offenders must right their wrongs in a facilitated and congenial process.
2. Whereas, it is the right of the victim to be made aware of subsequent offenses and to establish their future protection.

(a) Restorative justice is a practice and theory rooted in and developed from indigenous practices. When put into practice, restorative justice is a community-based, non-punitive set of processes that center the needs of people who have been harmed. Restorative justice encourages accountability, healing, and repair when harm has occurred. These processes can include facilitated meetings between the person who was harmed, the person who harmed them, family members, and members of the community to discuss the causes and impact of the harm.

(b) Restorative justice processes often result in deep understanding of the harm caused, meaningful expressions of accountability, and agreements to take specific actions to repair harm, including personal or community service, engagement in employment or counseling, and payment of restitution. Restorative justice processes also provide an opportunity for victim or survivors to ask questions, share about the impact of harm, and engage in dialogue in ways that are not possible within the traditional criminal legal system.

(c) In 2015, a peer-reviewed study in the Journal of Experimental Criminology found that restorative justice processes can result in reduced feelings of fear, anger, post-traumatic stress symptoms, and depression for people who have been harmed. Researchers, including Dr. Mark Umbreit, studying the impact of restorative justice conferencing across different countries found that restorative justice processes result in higher rates of satisfaction for people who have been harmed than current criminal legal systems. In 2015, a study of Community Works West's restorative justice youth diversion program in the County of Alameda showed that restorative justice processes also reduce future acts of harm and violence and have been used with documented success in counties throughout the state.

(d) Restorative justice offers the opportunity to better meet the needs that arise when harm has been caused than the traditional criminal legal system.

(e) It is the intent of the Legislature to establish a victim's right to be informed of the availability and benefits of restorative justice programs.

SEC. 2.

The following rights are hereby established as the statutory rights of victims and witnesses of crimes:

(1) To be notified as soon as feasible that a court proceeding to which the victim or witness has been subpoenaed as a witness will not proceed as scheduled, provided the prosecuting attorney determines that the witness' attendance is not required.
(2) Upon request of the victim or a witness, to be informed by the prosecuting attorney of the final disposition of the case
(3) For the victim, the victim's parents or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, to be notified of all sentencing proceedings, and of the right to appear, to reasonably express their views, have those views preserved by audio or video means.
(4) For the victim, the victim's parents or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, to be notified of all juvenile disposition hearings in which the alleged act would have been a felony if committed by an adult, and of the right to attend and to express their views.
(5) Upon request by the victim or the next of kin of the victim if the victim has died, to be notified of any parole eligibility hearing and of the right to appear personally.
(6) Upon request by the victim or the next of kin of the victim if the crime was a homicide, to be notified of an inmate's placement in a reentry or work furlough program, or notified of the inmate's escape.
(7) For the victim, to be provided with information concerning the victim's right to civil recovery and the opportunity to be compensated restitution.
( 8 ) To the expeditious return of property that has allegedly been stolen or embezzled, when it is no longer needed as evidence
(9) To an expeditious disposition of the criminal action.
(10) To be notified, if applicable, if the defendant is to be placed on parole.
(11) For the victim, upon request, to be notified of any pretrial disposition of the case
(12) For the victim, to be notified by the offender's following subsequent offenses:
(A) Assault with intent to commit rape, sodomy, oral copulation
(13) When a victim has requested notification, the sheriff shall inform the victim that the person who was convicted of the offense has been ordered to be placed on probation, and give the victim notice of the proposed date upon which the person will be released from the custody of the sheriff.
(a) For the victim, to be notified of the availability of community-based restorative justice programs and processes available to them, including, but not limited to, programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation. The victim has a right to be notified as early and often as possible, including during the initial contact, during followup investigation, at the point of diversion, throughout the process of the case, and in post-conviction proceedings.

(b) Local law enforcement agencies shall make available copies of the materials described in subdivision (b) to victims and witnesses.

(c) This section is not intended to affect the rights and services provided to victims and witnesses by the local assistance centers for victims and witnesses.

SPONSOR: SPARK498 OF CALIFORNIA
OCCUPYING SLOT C

The gentleman from California is invited to advocate.

[RC (a la Frémont)]

I am of the opinion that the gentleman from California is well-intentioned with this legislation. I too would like to see our police be demilitarized and our justice system offer real solutions. That being said, it certainly would not be a smart nor effective idea to immediately replace one program with another, that will lead to disaster. I'd be more than happy to offer an amendment if the sponsor does not desire to.

[Senator Spark]

Restorative Justice is essential for moving forward after an offense is committed. Restorative Justice will also lead to a more positive philosophy regarding punishment. Mass incarceration is a large problem and this is one of the first steps toward addressing it. This bill also provides for essential notifications for victims regarding their offenders. It is imperative that we keep people safe.

I am open to any suggestions on this legislation.

[RC (a la Frémont)]

I know I said I'd introduce an amendment, allow me to slow down for a second. Rereading section 2, it sounds fine. I'm just not sure what it has to do with restorative justice or if those rights aren't already in place. Is section 1 just guidelines to acknowledge restorative justice's existence? If so I'm not sure if it's a necessity of parliament to acknowledge such a thing without actually legislating further to enable restorative justice programs.

Frankly, I'm just a tad confused. Would another MP care to comment on this matter?

[Mad Deadly Worldwide Communist Gangster Computer God]

Criminal justice is kind of one of those areas where there's unanimous agreement. We demilitarized the police. George Floyd was announced by the then-GM to be alive. I just don't really understand what's different about this bill than the reforms we've already passed.

[Senator Spark]

Criminal justice is kind of one of those areas where there's unanimous agreement. We demilitarized the police. George Floyd was announced by the then-GM to be alive. I just don't really understand what's different about this bill than the reforms we've already passed.

This bill focuses more on the victims especially in cases of domestic violence or abuse.

[Mad Deadly Worldwide Communist Gangster Computer God]

So at most, this bill just kinda reinforces our education reforms. Would the Member from Minnesota like to offer an amendment?

[RC (a la Frémont)]

Honestly, I'm going to rescind my intent to amend. I feel like if you want a restorative justice bill, you've gotta overhaul this a lot. This is moreso a victim's rights bill, and should be titled as such.

[Mad Deadly Worldwide Communist Gangster Computer God]

So it looks like no one has much to add here.

Motion for a final vote. Members have 24 hours to object.

[Mad Deadly Worldwide Communist Gangster Computer God]

Without objection, a final vote is now open for 48 hours or until all members have voted.

Restorative Justice Enablement Act

The people of the Commonwealth of Fremont do enact as follows:

SECTION 1. Title & Background

1. The title of this legislation is duly hereby established as the Restorative Justice Enablement Act.
Whereas, it is important to recognize that offenders must right their wrongs in a facilitated and congenial process.
2. Whereas, it is the right of the victim to be made aware of subsequent offenses and to establish their future protection.

(a) Restorative justice is a practice and theory rooted in and developed from indigenous practices. When put into practice, restorative justice is a community-based, non-punitive set of processes that center the needs of people who have been harmed. Restorative justice encourages accountability, healing, and repair when harm has occurred. These processes can include facilitated meetings between the person who was harmed, the person who harmed them, family members, and members of the community to discuss the causes and impact of the harm.

(b) Restorative justice processes often result in deep understanding of the harm caused, meaningful expressions of accountability, and agreements to take specific actions to repair harm, including personal or community service, engagement in employment or counseling, and payment of restitution. Restorative justice processes also provide an opportunity for victim or survivors to ask questions, share about the impact of harm, and engage in dialogue in ways that are not possible within the traditional criminal legal system.

(c) In 2015, a peer-reviewed study in the Journal of Experimental Criminology found that restorative justice processes can result in reduced feelings of fear, anger, post-traumatic stress symptoms, and depression for people who have been harmed. Researchers, including Dr. Mark Umbreit, studying the impact of restorative justice conferencing across different countries found that restorative justice processes result in higher rates of satisfaction for people who have been harmed than current criminal legal systems. In 2015, a study of Community Works West's restorative justice youth diversion program in the County of Alameda showed that restorative justice processes also reduce future acts of harm and violence and have been used with documented success in counties throughout the state.

(d) Restorative justice offers the opportunity to better meet the needs that arise when harm has been caused than the traditional criminal legal system.

(e) It is the intent of the Legislature to establish a victim's right to be informed of the availability and benefits of restorative justice programs.

SEC. 2.

The following rights are hereby established as the statutory rights of victims and witnesses of crimes:

(1) To be notified as soon as feasible that a court proceeding to which the victim or witness has been subpoenaed as a witness will not proceed as scheduled, provided the prosecuting attorney determines that the witness' attendance is not required.
(2) Upon request of the victim or a witness, to be informed by the prosecuting attorney of the final disposition of the case
(3) For the victim, the victim's parents or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, to be notified of all sentencing proceedings, and of the right to appear, to reasonably express their views, have those views preserved by audio or video means.
(4) For the victim, the victim's parents or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, to be notified of all juvenile disposition hearings in which the alleged act would have been a felony if committed by an adult, and of the right to attend and to express their views.
(5) Upon request by the victim or the next of kin of the victim if the victim has died, to be notified of any parole eligibility hearing and of the right to appear personally.
(6) Upon request by the victim or the next of kin of the victim if the crime was a homicide, to be notified of an inmate's placement in a reentry or work furlough program, or notified of the inmate's escape.
(7) For the victim, to be provided with information concerning the victim's right to civil recovery and the opportunity to be compensated restitution.
( 8 ) To the expeditious return of property that has allegedly been stolen or embezzled, when it is no longer needed as evidence
(9) To an expeditious disposition of the criminal action.
(10) To be notified, if applicable, if the defendant is to be placed on parole.
(11) For the victim, upon request, to be notified of any pretrial disposition of the case
(12) For the victim, to be notified by the offender's following subsequent offenses:
(A) Assault with intent to commit rape, sodomy, oral copulation
(13) When a victim has requested notification, the sheriff shall inform the victim that the person who was convicted of the offense has been ordered to be placed on probation, and give the victim notice of the proposed date upon which the person will be released from the custody of the sheriff.
(a) For the victim, to be notified of the availability of community-based restorative justice programs and processes available to them, including, but not limited to, programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation. The victim has a right to be notified as early and often as possible, including during the initial contact, during followup investigation, at the point of diversion, throughout the process of the case, and in post-conviction proceedings.

(b) Local law enforcement agencies shall make available copies of the materials described in subdivision (b) to victims and witnesses.

(c) This section is not intended to affect the rights and services provided to victims and witnesses by the local assistance centers for victims and witnesses.

[RC (a la Frémont)]

Abstain

[Mad Deadly Worldwide Communist Gangster Computer God]

Abstain

[Goldwater]

Abstain

[AustralianSwingVoter]

Nay

[KoopaDaQuick 🇵🇸]

abstain

[Senator Spark]

Aye

[Mad Deadly Worldwide Communist Gangster Computer God]

Sorry, folks.

With one vote in favor, one opposed, four abstentions, and one Member not voting, the bill fails.