Bill Text: MI HB5987 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Crime victims: other; restorative justice practices enabling act; create. Creates new act.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Introduced - Dead) 2022-04-13 - Bill Electronically Reproduced 04/12/2022 [HB5987 Detail]
Download: Michigan-2021-HB5987-Introduced.html
HOUSE BILL NO. 5987
A bill to provide for restorative justice facilitation; and to establish criteria for certain mediators and restorative justice facilitators.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "restorative justice practices enabling act".
(a) "Center" means that term as defined in section 2 of the community dispute resolution act, 1988 PA 260, MCL 691.1552.
(b) "Facilitator" means a mediator who meets all of the following requirements:
(i) Has conducted at least 3 mediation sessions in a setting that is not a restorative justice facilitation.
(ii) Has completed additional training on restorative justice basic concepts, trauma informed practices, juvenile-developmental characteristics, and crime victimization.
(c) "Mediator" means an individual who conducts mediations at a center and who has not less than 30 hours of mediation training in conflict resolution techniques, neutrality, agreement, writing, and ethics.
(d) "Offender" means the defendant in a criminal case or the respondent in a juvenile justice case who committed or allegedly committed the offense, or an individual sentenced and committed to the department of corrections for an offense.
(e) "Offense" means a violation of a penal law of this state.
(f) "Repair plan agreement" means the agreement following a restorative justice facilitation that describes the consequences to repair the harm from an offense, including, but not limited to, the offender providing an apology, reparation, restitution, or restoration, performing community service, or receiving counseling.
(g) "Restorative justice facilitation" means a voluntary program of classes or facilitated meetings conducted by a mediator or facilitator to reach a repair plan agreement with an offender, the victim of the offense, if any, and other interested individuals.
(h) "Victim" means an individual who or a member of a community that is harmed by the commission of an offense.
Sec. 3. (1) Restorative justice facilitation practices in this state must comply with this act.
(2) Participation in restorative justice facilitation in a criminal case, in a juvenile justice case, or during release on parole is voluntary and must comply with this act.
Sec. 4. (1) Restorative justice facilitation must take place through a center. The offender and any victim who elects to participate in restorative justice facilitation must first provide consent to participate to a center.
(3) A mediator shall not provide restorative justice facilitation if the offense involved a victim.
Sec. 5. (1) The mediator or facilitator of a restorative justice facilitation shall provide an opportunity for the participants to achieve a mutually acceptable resolution to the harm, in joint or separate sessions, as appropriate, utilizing dialogue and negotiation.
(2) A mediator or facilitator of a restorative justice facilitation shall be impartial, neutral, and unbiased, and shall not make a decision for a participant in the facilitation.
(3) If a participant in a restorative justice facilitation is unable to agree, or, if the mediator or facilitator determines an agreement would be unconscionable due to duress or other factors, the mediator or facilitator shall terminate the restorative justice facilitation. If restorative justice facilitation is terminated, the fact that the facilitation is terminated must not be used against a participant in any manner.
(4) A mediator or facilitator shall not make or impose a sanction or penalty on a participant in a restorative justice facilitation.
(5) A mediator or facilitator may recommend resources to a participant, if appropriate.
(6) A participant in a restorative justice facilitation must be advised to obtain a legal review of any agreement.
Sec. 6. (1) Except as otherwise provided by law or if any of the following situations apply, a verbal, written, or electronic communication made in or in connection with a restorative justice facilitation and any repair plan agreement resulting from that facilitation, whether made to the mediator, facilitator, participant, or other individual attending the mediation session, are confidential:
(a) Each participant in the facilitation consents to waiving confidentiality and disclosing a specific communication.
(b) A subsequent action against the mediator or facilitator is initiated by a participant in the facilitation for damages arising out of the facilitation process.
(c) The communication was made to further another crime or fraud.
(d) The mediator or facilitator believes disclosure is required to report a threat to an individual's safety.
(2) Except as otherwise provided by law, an admission, representation, or statement made in a restorative justice facilitation that is not otherwise discoverable or obtainable is not admissible as evidence or subject to discovery.
(3) Except as otherwise provided by law and section 9 or unless each participant to a restorative justice facilitation consents in writing, the mediator or facilitator of the restorative justice facilitation is not subject to the process requiring the disclosure of any matter discussed during the facilitation.
Sec. 7. A mediator or facilitator who conducts a restorative justice facilitation is not liable for civil damages for an act or omission in the scope of the mediator's or facilitator's employment or function as a mediator or facilitator, unless he or she acted in bad faith, with a malicious purpose, or in a manner exhibiting wanton or willful disregard of the rights, safety, or property of another.
Sec. 9. (1) If a restorative justice facilitation results in a repair plan agreement, the agreement must be in writing and signed by the participants and must include the time periods in which the plan must be accomplished.
(2) If a restorative justice facilitation occurs in conjunction with a specific criminal or juvenile justice case and results in a repair plan agreement not less than 5 business days before a sentencing or disposition hearing, the mediator or facilitator shall provide the court with the repair plan agreement described in subsection (1) before the court sentences or enters an order of disposition for the offender. The mediator or facilitator may also testify to the repair plan agreement, or provide additional reports of the repair plan agreement, to the court, a probation officer, a parole officer, or another supervising authority.
(3) The court may consider the repair plan agreement in the order of sentencing or disposition.
