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Statutes

Statutes, and articles about them, concerning restorative justice.

Criminal Justice System (England). Conditional Cautioning: Criminal Justice Act 2003, Sections 22-27. Code of Practice & associated annexes
Conditional Cautioning enables offenders to be given a suitable disposal without the involvement of the usual court processes. Where rehabilitative or reparative conditions (or both) are considered preferable to prosecution, Conditional Cautioning provides a statutory means of enforcing them through prosecution for the original offence in the event of non-compliance. The key to determining whether a Conditional Caution should be given – instead of prosecution or a simple caution – is that the imposition of specified conditions will be an appropriate and effective means of addressing an offender’s behaviour or making reparation for the effects of the offence on the victim or the community. (excerpt)
Oregon Legislative Assembly. Oregon Family Decision-Making Meeting Law (Oregon Revised Statutes, Chapter 417.365 to 417.375)
Oregon Revised Statutes law covering Family decision-making meetings, with the following sections: 417.365 “Family decision-making meeting" defined for ORS 417.365 to 417.375. 417.368 Consideration of meeting required for certain cases. 417.371 Notice to family members of meeting; definitions. 417.375 Development of family plan; contents.
Arizona State Legislature. Arizona Family Group Decision Making Legislation: Arizona Revised Statutes, A.R.S. 8-1001
This document provides a listing of program characteristics for the Arizona Family Group Decision making Program.
Ghana. Children's Act, 1998. (Act 950).
(1) A Child Panel shall assist in victim-offender mediation in minor criminal matters involving a child where the circumstances of the offence are not aggravated. (excerpt)
Washington State Legislature.. Revised Code of Washington. Title 13. Jvenile Courts and Juvenile Offenders.
Section 13.40.070 refers to referral to mediation or reconciliation programs.
State of Texas.. Texas Statutes. Code of Criminal Procedure.
Article 42.12 refers to victim offender mediation; 56.02 refers to the right of crime victims to request mediation; 56.13 adresses victim offender mediation;
State of Tennessee.. Tennessee Code: Title 16 Courts: Chapter 20: The Victim-Offender Mediation Center.
(a) The general assembly finds and declares that: (1) The resolution of felony, misdemeanor and juvenile delinquent disputes can be costly and complex in a judicial setting where the parties involved are necessarily in an adversary posture and subject to formalized procedures; and (2) Victim-offender mediation centers can meet the needs of Tennessee's citizens by providing forums in which persons may voluntarily participate in the resolution of disputes in an informal and less adversarial atmosphere. (excerpt)
State of Montana.. Montana Code Annotated. Titel 2. Government Structute and Administration.
Sections 1-15-2013~2-15-2014 deal with the Office of restorative jsutice and the Restorative justice fund.
State of Missouri.. Missouri Revised Statutes Chapter 217 Department of Corrections Section 217.777.
(1) The department shall provide a program of training to eligible volunteers and develop specific conditions of a probation program and conditions of probation for offenders referred to it by the court. Such conditions, as established by the community boards and the department, may include compensation and restitution to the community and the victim by fines, fees, day fines, victim-offender mediation, participation in victim impact panels, community service, or a combination of the aforementioned conditions; (excerpt)
State of Kansas.. Kansas Statutes. 36*1663. Chapter 38 Minors. Article 16-- Kansas Juvenile Justice Code
Allows for mediation between victim and offender in responding to juvenile crimes.
State of Florida.. The 2006 Florida Statutes. Chapter 985 Juvenile Justice; Interstate Compact on Juveniles
(2) NEIGHBORHOOD RESTORATIVE JUSTICE CENTER.-- (a) The state attorney may establish at least one Neighborhood Restorative Justice Center in designated geographical areas in the county for the purposes of operating a deferred prosecution program for first-time, nonviolent juvenile offenders. (b) The state attorney may refer any first-time, nonviolent juvenile offender accused of committing a delinquent act to a Neighborhood Restorative Justice Center. (excerpt)
State of Delaware.. Title 11. Crimes and Criminal Procedure. Special Programs. Chapter 95. Victim Offender Mediation.
(a) The General Assembly finds and declares that: (1) The resolution of felony, misdemeanor and juvenile delinquent disputes can be costly and complex in a judicial setting where the parties involved are necessarily in an adversary posture and subject to formalized procedures; and (2) Victim-offender mediation programs can meet the needs of Delaware's citizens by providing forums in which persons may voluntarily participate in the resolution of certain criminal offenses in an informal and less adversarial atmosphere. (excerpt)
State of Arizona.. Arizona Revised Statute12-299 Community Punishment Program.
Section 12-299.01 provides for victim offender reconciliation.
Put, Johan and Vanfraechem, Inge and Walgrave, Lode. Restorative dimensions in Belgian youth justice.
The revised Belgian Youth Justice Act (YJA) (2006) is featured as a case study due to the important restorative justice dimensions that it has introduced. The legal system in Belgium is dominated by a civil law regime with a deep-seated tradition in youth justice characterized by an almost exclusively ‘treatment’-oriented approach. Whilst the implementation of the revised YJA has encountered some challenges, it has also revealed that it is possible to prioritize restorative processes within a conventional civil law regime. That being said, the fundamental change that the Act aspired to achieve is only made possible by the application of additional measures. (author's abstract)
Siegismund, Eberhard. Ancillary (Adhesion) Proceedings in Germany as Shaped by the First Victim Protection Law: An Attempt To Take Stock
This paper provides an overview of Germany's Victim Protection Law and its provision for ancillary proceedings and advocates the use of victim-offender mediation as a means of addressing the failure of German courts to promote ancillary proceedings for the benefit of crime victims. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.
Anonymous. References to Restorative Justice in the Sentencing Act
Lists the sections of New Zealand’s Sentencing Act 2002 that refer to restorative justice. They largely involve principles of sentencing and of court adjournment in respect of restorative justice processes that have taken place or are continuing.
Robson, Matt. 'World First' For Restorative Justice
Matt Robson, New Zealand’s Minister for Courts, discusses new sentencing and parole legislation that incorporates restorative justice into the justice system, providing a common thread between judges, prison staff and a nationalised Parole Board. The law allows judges to look at alternatives to prison and abolishes the problematic practice of suspended sentencing, while focusing on community safety in the new Parole Board. Robson argues that victims will benefit from the new law, draws attention to the majority of prisoners who are minor offenders, and asks for citizens’ support for a co-ordinated approach to criminal offences.
Nazarova, Dilafruz and Stapleton, Adam and van Zyl Smit, Dirk. A Compendium of Comparative Prison Legislation
The objective of this Compendium is to provide legislative draftsmen, legislators, line ministries, prison administrations and those concerned with prison and penal reform with examples from around the world of drafting that is ‘positive, realistic and contemporary’. The realities facing many low-income countries and the conditions that exist in prisons place a heightened importance on drafting laws that are practicably enforceable. Recognition therefore needs to be given to the socioeconomic context whilst at the same time ensuring legislation conforms to international minimum standards. (excerpt)
Wachtel, Joshua. Colorado Children's Code authorizes restorative justice conferences for adjudicated youth (Part 2 of 2).
It’s no accident that Colorado is the first U.S. state to mandate that judges advise adjudicated youth of the possibility of participating in restorative justice (RJ) conferences or other programs if they become involved in the criminal justice system. For more than 10 years, Colorado communities, schools, nonprofits, RJ advocates, probation, police and human service departments, courts, youth rehabilitation facilities, universities and governments have been promoting restorative justice and restorative practices (RP).
Minister for Justice and Constitutional Development. Traditional Courts Bill.
To affirm the recognition of the traditional justice system and its values, based on restorative justice and reconciliation; to provide for the structure and functioning of traditional courts in line with constitutional imperatives and values; to enhance customary law and the customs of communities observing a system of customary law; and to provide for matters connected therewith. (excerpt)

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