Senate Judiciary committee reports bill consolidating restorative-justice referral rules

The Senate Judiciary committee on March 31 voted to report H 5 40 favorably, a bill that creates a single statutory section for restorative-justice program referrals.

Chair opened the discussion and staff from the legislative counsel’s office summarized the measure. The counsel said the bill "creates a new section entitled ... called restorative justice program referral," consolidating existing statute into one place and listing "the relevant factors a court shall consider," along with standardized forms and procedures to be produced by the court administrator and the Supreme Court.

Committee members noted the post-adjudication reparative program working group drafted the recommendations, and witnesses who informed that group included a Department of Corrections representative, a judge who chaired the working group, and representatives from restorative-justice community centers. The counsel told the committee the attorney general’s office and the state's attorneys provided testimony to the working group even though they were not formal members.

After brief discussion on whether the committee needed additional testimony from the attorney general or state’s attorneys, the chair moved to report the bill favorably. The clerk conducted a roll call and the committee recorded a 4–0–1 tally.

The committee did not take further amendments on the record and concluded by agreeing to continue work with staff and witnesses as needed.

The committee’s favorable recommendation sends H 5 40 to the next stage for consideration with the committee record noting the working-group support and the standardized-referral framework established in the draft language.