SF 1696

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:22am

A bill for an act
relating to public safety; providing for restorative justice-based diversion
programs; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Section 1.

new text begin [609.092] USE OF RESTORATIVE JUSTICE DIVERSION
PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Nonfelonies; mandatory referral to restorative justice program.
new text end

new text begin The court shall ensure that a person charged with or petitioned for a petty misdemeanor,
misdemeanor, or gross misdemeanor offense receives contact information for a local
restorative justice program if one exists. If a toll-free telephone number has been
established under section 2, the court shall ensure that the number is provided to the
person. The person may contact the local restorative justice program or use the toll-free
telephone number to contact a restorative justice program. A restorative justice program
contacted under this subdivision shall evaluate whether the person is a suitable candidate
for restorative justice. If this is the case, the program shall contact the prosecutor and seek
the prosecutor's approval to place the person in a restorative justice diversion program
under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Restorative justice diversion program described. new text end

new text begin A person referred to a
restorative justice diversion program under subdivision 1 shall work with a representative
from the program to arrange an appropriate outcome for the matter using restorative
justice concepts. The representative shall involve the victim of the offense in the
proceedings. If the victim is unwilling or unable to proceed, or if there is no identifiable
victim, the representative shall ensure that someone serves as a stand in for the victim.
The representative and person, along with other participants, shall agree in writing to an
appropriate sanction for the person.
new text end

new text begin Subd. 3. new text end

new text begin Considered as guilty plea. new text end

new text begin A person's agreement to participate under this
section is considered a guilty plea to the offense.
new text end

new text begin Subd. 4. new text end

new text begin Failure to comply. new text end

new text begin If the person fails to comply with the settlement
agreement, the person shall be referred back to the court for further proceedings.
new text end

new text begin Subd. 5. new text end

new text begin Dismissal of charge. new text end

new text begin Upon the successful completion by a person of
the sanctions agreed to in the settlement agreement, the restorative justice program
representative shall notify the court and the court shall dismiss the charge against the
person.
new text end

Sec. 2. new text begin RESTORATIVE JUSTICE PROGRAMS; COLLABORATION,
TOLL-FREE TELEPHONE NUMBER.
new text end

new text begin Restorative justice programs are requested to collaborate to fully implement section
1 and to establish a toll-free telephone number to assist persons charged with nonfelony
offenses to locate a suitable restorative justice program.
new text end