Vermont Bar Journal, Vol. 40, No. 2 Winter 2014, Vol. 39, No. 4 | Page 27

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. 38 Frontline: The P