2016 -- S 2626

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- JUVENILE

RESTORATIVE JUSTICE PILOT PROGRAM

     Introduced By: Senators Lynch Prata, Lombardi, and Gallo

     Date Introduced: February 25, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Findings. The general assembly finds and declares all of the following:

     (1) The principles of restorative justice, with their underlying rehabilitative goals should

be considered for incorporation into our juvenile justice proceedings.

     (2) Restorative justice principles recognize the following societal needs:

     (i) Community protection from delinquent conduct through a continuum of appropriate

responses that protects citizens and victims.

     (ii) Accountability of the child through restoration of the losses experienced by the victim

and the community.

     (iii) Competency development of the child through the provision of treatment, education,

and skill building needed for success in the community.

     (3) Crime results in injury to the victim, the community, and the offender. Whenever

appropriate, the juvenile justice system should seek to repair those injuries, taking into account

the age, mental capacity, and developmental maturity of the child, the nature of the offense, and

the resources available to the child to accomplish the goals. Victims and communities should be

actively involved in helping to develop programs and services, and in ensuring accountability

through helping individual children to understand the impact of their actions. These activities

shall be pursued in a manner consistent with the child's right to due process and the right of

victims.

     SECTION 2. Title 14 of the General Laws entitled "DELINQUENT AND DEPENDENT

CHILDREN" is hereby amended by adding thereto the following chapter:

CHAPTER 1.1

CHILD RESTORATIVE JUSTICE PILOT PROGRAM

     14-1.1-1. Family court restorative justice program requirements. -- (a) The

restorative justice program shall be implemented through a restorative justice protocol developed

by the family court in conjunction with input from the prosecutor, public defender, probation

department, and, when possible, representatives from victims’ groups, law enforcement,

community organizations and service providers, restorative justice groups, and clinicians with

expertise in adolescent development. The protocol shall address all of the following:

     (1) Policies and protocols to be implemented in cases utilizing a restorative justice model.

     (2) Particular offenses, or the criteria to determine those offenses, that shall be eligible or

ineligible for inclusion within the restorative justice program.

     (3) The rights of children.

     (4) Confidentiality issues.

     (5) Timeliness for case processing.

     (6) The roles of the court, prosecutor, and defense counsel in relation to the restorative

justice program.

     (7) The process for evaluating compliance with the program.

     (8) The process for handling any failure to adhere to the program.

     (b) The program in each case shall seek to repair the harm to the victim, the child, and the

community caused by the behavior bringing the child before the family court. The program

requirements shall be tailored to the age, mental capacity, and developmental maturity of the

child, the nature of the offense, and the resources available to the child to accomplish the goals of

this chapter.

     (c) Any delinquent or wayward child may be referred to a restorative justice program as

part of the court’s order, unless the family court determines that the restorative justice program is

not in the best interest of the child, in which case the court shall provide for other appropriate

disposition of the case.

     (d) Because of their serious nature, the following offenses shall not be eligible for

inclusion in the restorative justice program:

     (i) Delinquent offenses involving murder, first degree sexual assault, first degree child

molestation, or assault with intent to commit murder.

     (e) In order to participate in the restorative justice program, the child must,

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notwithstanding a formal admission, accept responsibility for the offense and agree to cooperate

with the restorative justice process.

     14-1.1-2. Funding. -- No general fund monies shall be used to fund a pilot restorative

justice program adopted pursuant to this section. A restorative justice program shall be adopted

only after the family court has obtained funds for these purposes.

     14-1.1-3. Pilot program performance report. -- On or before July 1, 2018, the family

court shall report to the general assembly on the performance of the pilot restorative justice

program. The report shall, at a minimum, address all of the following:

     (1) A statistical analysis of the outcomes of the pilot program, comparing recidivism rates

among participants in those programs with those of nonparticipants. This analysis shall consider

sustained violations of probation and new sustained petitions.

     (2) A cost-benefit analysis of the adoption of restorative justice programs.

     (3) A statistical analysis of satisfaction with the restorative justice programs on the part of

victims, offenders, and other parties in the cases involved.

     (4) A comparative analysis of restitution collection and hours of community service

between offenders who participated in restorative justice programs and those who did not.

     (5) The percentage of cases referred to restorative justice programs that were mediated to

completion as prescribed by the court.

     (6) The percentage of eligible cases that were appropriately referred to a restorative

justice program.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- JUVENILE

RESTORATIVE JUSTICE PILOT PROGRAM

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     This act would authorize the family court to create and implement a pilot child restorative

justice program to address the manner in which children charged with crimes have their cases

adjudicated.

     This act would take effect upon passage.

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