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SENATE DOCKET, NO. 1534         FILED ON: 1/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 41

 

The Commonwealth of Massachusetts

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PRESENTED BY:

James B. Eldridge

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act promoting restorative justice practices.

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PETITION OF:

 

Name:

District/Address:

James B. Eldridge

 

Jennifer E. Benson

37th Middlesex

Cory Atkins

14th Middlesex

Karen E. Spilka

 


SENATE DOCKET, NO. 1534        FILED ON: 1/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 41

By Mr. Eldridge, petition (accompanied by bill, Senate, No. 41) of Spilka, Eldridge, Atkins and other members of the General Court for legislation to promote restorative justice practices [Joint Committee on Children, Families and Persons with Disabilities].


The Commonwealth of Massachusetts
 

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In the Year Two Thousand Eleven

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An Act promoting restorative justice practices.
 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              SECTION 1. Section 55B of Chapter 119 of the General Laws is herby amended in line 13 by inserting after the words “upon compliance with specific terms and conditions” the following:- , including an established community-based restorative justice program, except that the court may not order participation in restorative justice process if the offender was adjudicated for unlawful sexual behavior or a crime in which the underlying factual basis involves domestic or family violence,

              SECTION 2. Section 39H of Chapter 119 of the General Laws shall be amended to include after paragraph 2 the following new paragraph:-

              The law enforcement officer may refer such child to an established community-based restorative justice program, except that participation in a restorative justice process shall not be recommended if the offender was arrested for unlawful sexual behavior or a crime in which the underlying factual basis involves domestic or family violence.

              SECTION 3. Section 3 of Chapter 276A of the General Laws shall be amended to include after paragraph 3 the following new paragraph:-

              Such programs may include an established community-based restorative justice program, except that the court may not order participation in restorative justice process if the offender was adjudicated for unlawful sexual behavior or a crime in which the underlying factual basis involves domestic or family violence.

              SECTION 4. Section 87A of Chapter 276 of the General Laws, paragraph 1 shall be amended by inserting after the words “specified rehabilitative programs” the following:-  including an established community-based restorative justice program, except that the court may not order participation in restorative justice process if the offender was adjudicated for unlawful sexual behavior or a crime in which the underlying factual basis involves domestic or family violence,

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