SF 2200

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/31/2025 02:44 p.m.

A bill for an act
relating to witnesses; establishing confidentiality for restorative justice practices
participants; classifying data; amending Minnesota Statutes 2024, section 13.6905,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 595.

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

Section 1.

Minnesota Statutes 2024, section 13.6905, is amended by adding a subdivision
to read:

new text begin Subd. 39. new text end

new text begin Restorative practices data. new text end

new text begin Data related to restorative practices program
participants are governed by section 595.026, subdivision 4.
new text end

Sec. 2.

new text begin [595.026] RESTORATIVE PRACTICES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (b) "Individual data" means all data in which any individual is or can be identified as
the subject of that data, such as an individual's name, date of birth, address, telephone number
or other contact information, employer, or school, and also includes a description of an
event from which a reasonable person could identify an individual.
new text end

new text begin (c) "Restorative justice practice" means a conference, circle, or similar gathering that
uses a participatory process in which a person who caused harm voluntarily engages with
any person who was harmed and community stakeholders to collectively:
new text end

new text begin (1) identify the harm;
new text end

new text begin (2) agree on what is needed to repair the harm;
new text end

new text begin (3) identify the needs and obligations of all parties;
new text end

new text begin (4) identify and address underlying causes of behavior that led to the harm;
new text end

new text begin (5) reduce the likelihood of further harm;
new text end

new text begin (6) reintegrate the person who caused the harm into the community;
new text end

new text begin (7) strengthen community ties; or
new text end

new text begin (8) perform any combination of those actions.
new text end

new text begin (d) "Restorative justice practice participant" means a facilitator, person who has caused
harm, person who has been harmed, community member, and any other person attending
a restorative justice practice event.
new text end

new text begin Subd. 2. new text end

new text begin Confidentiality. new text end

new text begin (a) Individual data regarding a restorative justice practice
participant received or created to facilitate participation in restorative justice practice are
confidential, are not subject to discovery, and must not be used in any judicial or
administrative hearing.
new text end

new text begin (b) Any statement made or action taken by a restorative justice practice participant is
confidential, is not subject to discovery, and must not be used in any judicial or administrative
hearing if the statement is made or the action is taken:
new text end

new text begin (1) in registration or other preparation for participation in a restorative justice practice;
new text end

new text begin (2) during a restorative justice practice; or
new text end

new text begin (3) as a follow up to a restorative justice practice.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin (a) Nothing in this section prohibits a person overseeing a restorative
justice practice from providing summary data as defined in section 13.02, subdivision 19.
new text end

new text begin (b) Nothing in this section exempts a restorative justice practice participant or person
overseeing a restorative justice practice from compliance with the provisions of section
626.557 and chapter 260E.
new text end

new text begin (c) Restorative justice practice participants may disclose their own individual data,
statements, or actions and may authorize disclosure by other restorative justice practice
participants.
new text end

new text begin (d) If a court orders a person to participate in a restorative justice practice, a person
overseeing the restorative justice practice may disclose individual data necessary to show
whether the person participated as ordered.
new text end

new text begin (e) Evidence that is otherwise admissible or subject to discovery does not become
inadmissible or protected from discovery solely because it was discussed or used in a
restorative justice practice.
new text end

new text begin (f) Nothing in this section prohibits disclosure of data necessary to prevent death, great
bodily harm, or the commission of a crime.
new text end

new text begin (g) Nothing in this section prohibits disclosure of data regarding a professional violation
or abuse by a restorative justice practice participant that is related to a restorative justice
practice.
new text end

new text begin Subd. 4. new text end

new text begin Data classification. new text end

new text begin Government data, as defined in section 13.02, subdivision
7, on restorative justice practice participants are private data on individuals, as defined in
section 13.02, subdivision 12.
new text end