Bill Text: VA SB679 | 2010 | Regular Session | Engrossed
Bill Title: Restorative justice programs; established for offenders and victims.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2010-03-14 - House: Left in Courts of Justice [SB679 Detail]
Download: Virginia-2010-SB679-Engrossed.html
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Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding in Chapter 1.1 of Title 19.2 a section numbered 19.2-11.5 as follows: §19.2-11.5. Establishment of restorative justice program. A. As used in this section: "Facilitator" means a person trained in restorative justice principles and practices whose role is to facilitate, in a fair and impartial manner, the participation of the parties in a restorative process. "Restorative justice" means those practices that emphasize repairing the harm to the victim and the community caused by criminal acts. "Restorative justice outcome" means an agreement reached as a result of a restorative process. Restorative outcomes include, but are not limited to, responses and programs such as apologies, reparation, restitution, and community service aimed at meeting the individual and collective needs and responsibilities of the parties. "Restorative justice process" means any process in which the victim, when appropriate, and the offender, and, when appropriate, any other individuals or community members affected by a crime are given the opportunity to participate in a meeting, dialogue, or conference and address the harms, needs, and obligations arising from the crime with the help of a facilitator and which provides an opportunity for the offender to accept responsibility for the harm caused to those affected by the crime. "Restorative justice program" means any program that uses restorative justice processes and seeks to achieve a restorative justice outcome. B. Upon deferred adjudication or adjudication of guilt, or at any time up to and including sentencing, a court may order an offender into a restorative justice program administered through a court-approved restorative justice program provider. An offender ordered into this program shall be assessed for his suitability to enter the program by the provider and, if deemed suitable, the offender shall participate in the program. The provider shall, on a timely basis, provide the court and the attorney for the Commonwealth directly, or through the probation office, the outcome of the assessment and, if appropriate, any restorative justice outcome. Such results may be used by the court at the sentencing of the offender. C. Victim participation in a restorative justice program shall only be upon the voluntary consent of the victim obtained by the facilitator or his designee. D. [
E. A court-approved restorative justice program provider, including its employees, volunteers, or members of its board of directors, that provides restorative justice processes for offenders ordered into such a program is immune from civil liability for, or resulting from, any act or omission made while engaged in efforts to assist or conduct a restorative justice process, unless the act or omission was made in bad faith with malicious intent or in a manner exhibiting a willful, wanton disregard of the rights, safety, or property of another. |