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Statutes, and articles about them, concerning restorative justice.

Legislature, State of Vermont. 2a. Restorative justice.
It is the policy of this state that principles of restorative justice be included in shaping how the criminal justice system responds to persons charged with or convicted of criminal offenses. The policy goal is a community response to a person's wrongdoing at its earliest onset, and a type and intensity of sanction tailored to each instance of wrongdoing. (excerpt)
de Brito, Paulo. Legislating the Use of Victim Offender Mediation in Portugal
"In July 2007, Portugal enacted "Law no. 21/2007 of June 12" regulating the use of victim offender mediation. The legislation outlines cases in which mediation can be used, the process for referral, limits on mediation agreements, and the criteria for mediators. This article provides a summary of a larger article written by Paulo de Brito, Justice Auditor from the Centre d’Études Judiciares in Lisbon, describing the development of victim offender mediation in Portugal within the larger European framework."
State of Arizona.. Arizona Revised Statute 8-419 (Title 8 Children).
8-419. Victim reconciliation services The presiding judge of the juvenile court in each county may establish and provide voluntary victim reconciliation and restitution services to assist victims of juvenile crimes. (excerpt)
State of Alabama. The Code of Alabama 1975. Section 15 Criminal Procedure.
Chapter 16-180 deals with funding for community based programme including victim offender reconciliation
Government of Poland.. Code of Criminal Procedure.
Article 23a is relevant to restorative justice. The text is in Polish.
Government of Poland.. Criminal Code of the Republic of Poland.
Articles 53(3), 60(2.1) and 66 (3) are relevant to restorative jutsice. The text is in Polish.
Government of Austria.. Jugendgerichtsgesetz 1988 - JGG.
The text of this legislation is in German. It contains references to the use of mediation in criminal cases.
Government of Finland. Act on Mediation in Criminal and Certain Civil Cases.
For the purposes of this Act, mediation in criminal cases (mediation) means a non-chargeable service in which a crime suspect and the victim of that crime are provided the opportunity to meet confidentially through an independent conciliator, to discuss the mental and material harm caused to the victim by the crime and, on their own initiative, to agree on measures to redress the harm. (excerpt)
National Assembly of Bulgaria.. Law on Mediation. Prom. SG. 110/17 Dec 2004.
Art. 1. This law shall stipulate relations connected with the mediation as an alternative way of settlement of legal and non-legal disputes. Concept of mediation Art. 2. The mediation shall be a voluntary and confidential proceedings of out-of-court settlement of disputes whereas a third person – mediator assists the disputing parties to achieve settlement. Subject of mediation Art. 3. (1) Subject of mediation may be civil, commercial, labour, family and administrative disputes related to rights of consumers and another disputes between natural and/or legal persons. (2) Mediation shall be performed as well as in the cases envisaged in the Penal Procedure Code.
Government of Belgium. Law of 22 June 2005 on mediation
This legislation addresses the use of mediation in the the Belgian criminal code. The text is in French and Dutch.
Republic of South Africa. Probation Servcies Amendment Act, 2002.
Includes family group conferencing as a diversion option for offenders.
Parliament of New Zealand . Victims' Rights Act 2002.
Section 9: Meetings to resolve issues relating to offence If a suitable person is available to arrange and facilitate a meeting between a victim and an offender to resolve issues relating to the offence, a judicial officer, lawyer for an offender, member of court staff, probation officer, or prosecutor should encourage the holding of a meeting of that kind (section 9(1)). These people should only encourage a meeting if they are satisfied that (section 9(2)): the victim and offender agree to the holding of a meeting, and the resources required for a meeting to be arranged, facilitated, and held, are available, and the holding of a meeting is otherwise practicable, and is in all the circumstances appropriate. Section 10: Enforceability of Principles Section 9, and the principles in it guiding the treatment of victims, do not confer on any person any legal right that is enforceable, for example, in a court of law. (excerpt)
Parliament of New Zealand . Parole Act 2002.
Section 7: Guiding Principles When making decisions about, or in any way relating to, the release of an offender, one of the principles that must guide the Parole Board's decisions is that the rights of the victim are upheld, and victims' submissions and any restorative justice outcomes are given due weight (section 7(2)(d)). Section 35: Direction for detention on home detention The outcome of any restorative justice processes that may have occurred is one of the factors to be considered by the Parole Board when considering an application for home detention (section 35(2)(b)(v)). Section 36: Detention conditions With the approval of a probation officer, an offender on home detention may leave the residence in which he or she is detained to (section 36(3)(c)): attend a restorative justice conference or other process relating to the offender's offending, or carry out any undertaking arising from any restorative justice process. (excerpt)
Parliament of New Zealand . Sentencing Act 2002.
Section 8: Principles of sentencing In sentencing or otherwise dealing with an offender, the court must take into account any outcomes of restorative justice processes that have occurred, or that the court is satisfied are likely to occur, in relation to the particular case (including, without limitation, anything referred to in section 10) (section 8(j)).
Parliament of New Zealand . Corrections Act 2004.
In section 6, this legislation calls for the corrections system to ensure that offenders have access to processes that promote restorative justice.
Parliament of New Zealand . Children, Young Persons and Their Families Act 1989.
Outlines a the process for family group conferencing is sections 20-38.
Government of Tasmania. Children, Young Persons and Their Families Act 1997
This legislation outlines the practice of family group conferencing for the Australian state of Tasmania.
Houses of the Oireachta. Children Act, 2001.
This legislation contains provisions addressing family welfare conferences and diversion programmes.
Baber, Mary. The Youth Justice and Criminal Evidence Bill [HL] [Bill 74 of 1998-99].
This research paper provides background information for the Youth Justice and Criminal Evidence Bill. At the time the paper was written, the Bill had completed its passage through the House of Lords and was due for debate in the House of Commons. The Bill would enable a new sentencing disposal for the youth court. Specifically, this sentencing disposal would make possible referral to a youth offender panel for young offenders convicted for the first time. The primary aim of the youth offender panel would be to prevent re-offending. The Bill would also make a number of changes to the law concerning the giving of evidence in criminal proceedings.
State of Hawaii. Senate Concurrent Resolution. Requesting the Department of Public Safety to facilitate the delivery of the Huikahi Restorative Circles Program in Haraii Correctional Facilities.
BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the House of Representatives concurring, that the Department of Public Safety is requested to facilitate and support federal grant proposals for the funding of the Huikahi Restorative Circles program to address the backlog of requests from incarcerated individuals wanting to make amends for their past behavior (excerpt)

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