Bill Text: HI SB903 | 2024 | Regular Session | Amended

Hawaii Senate Bill 903

Amended

Bill Title: Relating To Restorative Justice.

Spectrum: Bipartisan Bill

Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [SB903 Detail]

Download: Hawaii-2024-SB903-Amended.html

THE SENATE	S.B. NO.	903
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO RESTORATIVE JUSTICE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that restorative justice programs aim to address unresolved issues confronting victims, offenders, and their families. These programs bring offenders, victims, and their respective personal supporters together in a carefully managed, safe environment. Many victims feel that the criminal justice system does not give them a chance to get involved. Restorative justice puts victims at the heart of the justice process, by giving them a chance to ask the offender questions and explain the impact the crime has had on them.

The legislature further finds that the restorative justice process is a powerful healing tool and a way to empower victims, allowing them to play a greater role in defining the narrative around justice in their specific case. This paradigm focuses on victims and the harms done to them, the obligations those harms create for offenders and the community, and then, through the restorative justice process, how to put things right as much as possible. Restorative justice also builds a sense of empathy among the parties involved and can lead to creative, sustainable resolutions outside the scope of a more traditional court system.

Participation in a restorative justice program is available only to those victims who choose to participate. Because participation is voluntary, victims can stop the process at any time.

The legislature also finds that for restorative justice to take place, the offender must admit to the crime, and both the victim and offender must be willing to participate. Once the process is initiated, an impartial, trained, and experienced facilitator meets with the parties involved to discuss the program's goals and plans a restorative justice process. After adequate preparation, the parties then meet with the facilitators and the resulting agreements may become the resolution of the case.

If successful, restorative justice can lead to the transformation of people, relationships, and communities. Restorative justice can also reduce crime, reduce repeat offenses, divert individuals from the criminal justice system, reduce the costs of criminal justice, increase crime victims' healing and well-being, reduce the backlog of court cases, and provide victims and offenders with greater satisfaction than what traditional criminal justice often allows. Restorative justice may occur at any level of the criminal justice process, including when police first encounter a crime, during the screening process, before a hearing is scheduled, before sentencing, or following conviction.

The legislature additionally finds that pilot projects such as the pono kaulike program on O�ahu or the Hawai�i county restorative justice program have been offered in Hawai�i with positive results. Restorative justice pilot programs have been highlighted by the Federal Probation Journal, Honolulu Magazine, and KITV News. To advance restorative justice opportunities across the state, the program should be housed within the department of the attorney general in collaboration with the county prosecutor's offices, and other state, county, and community agencies may support their efforts.

The purpose of this Act is to require the establishment of a restorative justice program within the department of the attorney general that, in collaboration with the county prosecutor's offices, offers restorative justice opportunities in each county.

SECTION 2. (a) The department of the attorney general shall establish and support a restorative justice program that, in collaboration with the prosecuting attorney of each county, offers restorative justice opportunities in each county to allow victims and offenders to participate in restorative justice.

(b) The department of the attorney general shall inform the following agencies or individuals in writing of the existence of the restorative justice program:

(1) The judiciary;

(2) The prosecuting attorney of each county;

(3) The public defender;

(4) The registered members of the Criminal Justice and Corrections Section of the Hawaii State Bar Association; and

(5) A representative of the community policing programs of each county.

(d) For the purposes of this section, "restorative justice" includes restorative dialogues, restorative conferences, restorative justice circles, restorative sessions, Native Hawaiian reconciliation practices such as ho�oponopono, or other types of restorative justice group processes.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for funding a restorative justice program with the department of the attorney general.

The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 4. This Act shall take effect on March 22, 2075.

Report Title:

Restorative Justice Programs; Department of the Attorney General; Counties; Appropriation

Description:

Requires the Department of the Attorney General to establish and support a restorative justice program that, in collaboration with the prosecuting attorney of each county, offers restorative justice opportunities in each county to allow victims and offenders to participate in restorative justice. Appropriates funds. Takes effect 03/22/2075. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.