www.vtbar.org
within the geographical area covered by the
board. FL § 985.155. Hawaii allows for participation in restorative justice programs for juveniles
(HRS § 571-31.4 (b)(11)) and is considering restorative justice practices for adult offender reentry programs (HRS § 353H-31(26)(C)). Illinois
has one statute that mandates that the Department of Juvenile Justice shall embrace the legislative policy of the State to promote the philosophy of balanced and restorative justice.” 730
ILCS 5/3-2.5-5. Kansas allows district attorneys
to refer juveniles to restorative justice centers to
avoid prosecution. K.S.A. § 38-2346(a)(1). Louisiana statutorily encourages alternatives to juvenile incarceration via programs that encourage “the principles and practices of balanced
and restorative justice.” La. R.S. § 46:2610 (C)
(9). Maine mandates that the duties of the Office of Victim Services shall include assisting victims with obtaining victim compensation, restitution, and other benefits of restorative justice.
34-A MRSA § 1214 (3)(F). Minnesota’s statutorily
defined restorative justice programs may designate appropriate sanctions for charged offenders. Minn. Stat. § 611A.775. Minnesota also allows first-time juvenile offenders to have charges
dismissed if they successfully complete a restorative justice program. Minn. Stat. § 609.092(a).
Missouri allows its department of corrections to
establish programs of restorative justice within
the department’s correctional centers. RsMo §
217.440. It also allows community corrections
programs to operate community-based restorative justice projects. RSMo § 217.777(2). With
persons found in contempt for failure to pay
child support, Mississipi allows courts to refer them to a “restorative justice center or program.” Miss. Stat. § 9-1-17. Montana has established by statute an Office of Restorative Justice
in its Department of Justice to do the following:
promote the use of restorative justice throughout the state; provide technical assistance to jurisdictions and organizations interested in implementing the principles of restorative justice; and
to bring additional resources to Montana communities for restorative justice programs. MCA
§ 2-15-2013. The intent of the legislation is to
divert appropriate offenders who are at low risk
for violence from incarceration to community
programs based on restorative justice and to divert funds from the department of corrections
to the department of justice to support an office of restorative justice and to support community programs based on restorative justice.
MCA § 2-15-2012. New Hampshire accords victims of crime the right to access to restorative
justice programs, including victim-initiated victim-offender dialogue programs offered through
the Department of Corrections. NHRS 21-M:8k (2)(v) Rights of Crime Victims. New Hampshire
also has court approved diversion programs that
are community based alternatives to the formal
court process. These programs “integrate[] restorative justice practices, promote[] positive
youth development, and reduce[] juvenile crime
and recidivism.” NHRS 169-B:2 (IV)(b). New
Mexico opens a narrow window onto the field
of restorative practices, allowing “restorative
justice measures” to be used only as an “appropriate measure[] to discipline a law enforcement officer … when it is determined that the
law enforcement officer violated [a] provision[]
of [its] Prohibition of Profiling Practices Act.”
NMS § 29-21-3 (B)(2). Pennsylvania has created an “Office for Safe Schools” that “is authorized to make targeted grants to school entities
to fund programs which address school violence,
including … restorative justice strategies.” PA §
13-1302-A (c)(1); also, under Pennsylvania’s Juvenile Act by Act 33 of Special Session Number
1 of 1995, the philosophy of Balanced and ReTHE VERMONT BAR JOURNAL • WINTER 2014
storative Justice (BARJ) serves as the foundation
for the juvenile justice system in Pennsylvania,
which directly supports the purpose/mission of
the juvenile justice system as stated in the Juvenile Act. In Washington State, beginning in July
of this year, a court diversion unit may refer a
juvenile to a restorative justice program. RCW
13.40.080 (11). Wisconsin’s Office of Justice Assistance may make grants to counties to establish and operate programs “based on principles
of restorative justice, that provide alternatives
to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs.” Wis.
Stat. § 16.964 (12)(b). Finally, under the United
States Code, the federal government has authorized the U.S. Attorney General to provide
grants to states “or a unit of local government”
for the purpose of strengthening the juvenile
justice system, including “establishing and maintaining restorative justice programs.” These programs emphasize “the moral accountability of
an offender toward the victim and the affected
community and may include community reparations boards, restitution (in the form of monetary
payment or service to the victim or, where no
victim can be identified, service to the affected
community), and mediation between victim and
offender.” 42 U.S.C. § 3796ee. The federal government also allows a school resource officer to
train students in restorative justice. 20 U.S.C. §
7161 (11)(C).
46
Restorative Justice, Responsive Regulation
& Complex Problems, at http://www.uvm.edu /
conferences/restorativejustice.
Restorative Justice
meet Macbeth and Banquo to lead them on to
their downfall chant the theme of their existence:
“Fair is foul, and foul is fair: / Hover through the
fog and filthy air.” Act I, i, 12-13.
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Frontline: The P