Amendment #1034 to H4600

Office of Restorative Justice

Representatives Cataldo of Concord and Garballey of Arlington move to amend the bill by adding the following section:

“SECTION XXXX. Office of restorative justice; director; advisory committee; powers and duties.

SECTION 1. There shall be an office of restorative justice funded by the commonwealth under the supervision and control of a director who shall be appointed by the secretary for administration and finance, subject to appropriation. The director shall be a person with substantial training and professional experience in restorative justice, who shall maintain complete impartiality with respect to the matters coming before the office of restorative justice and who shall devote full time to the duties of the office.

The office of restorative justice shall build restorative justice capacity across multiple disciplines

and jurisdictions and serve as the primary administrative and funding vehicle for publicly

sponsored restorative justice initiatives in the commonwealth. The office shall be available to

assist legislative, judicial, and executive branch agencies of the commonwealth, counties, cities,

towns, community organizations and members of the public with developing and expanding

restorative justice initiatives. The office shall promote the implementation of chapter 276B

of the general laws and any other statutes that provide for the use of restorative justice.

SECTION 2. For purposes of this section, restorative justice shall include restorative practices rooted in community values and incorporating restorative principles. Restorative practices include but are not limited to victim-offender conferences, family group conferences, circles, community conferences, and other similar victim-centered practices. Restorative justice practices may be used at any point before, during and after court involvement, to prevent court involvement, and to support the healing of harm within communities.

SECTION 3. The office may in collaboration with communities and government agencies and consistent with restorative justice values: (a) design, develop, launch and/or fund restorative justice programs;

(b) create standards and guidelines for best practices for administration, training and facilitators

of restorative justice programs operated or funded by the office; (c) conduct restorative justice

educational programs and provide other technical assistance; (d) serve as a centralized

repository for restorative justice resources; (e) establish policies and procedures to effectuate the

purposes of this section, including provisions for grant making, data collection, and evaluation of

restorative justice programs operated or funded by the office; and (f) take other action to promote

restorative justice within local communities and public entities of the commonwealth.

SECTION 4. There shall be a statewide advisory committee of members trained in restorative justice to guide the office of restorative justice in carrying out its mission. The advisory committee shall be

convened by the director and shall consist of 17 members: 1 of whom shall be: the secretary of public safety and security or a designee who shall serve as chair; 1 of whom shall be the secretary of health and human services or a designee; 1 of whom shall be a member of the house of representatives appointed by the speaker; 1 of whom shall be a member of the senate appointed by the senate president; 1 of whom shall be; the president of the Massachusetts district attorneys association, or a designee; 1 of whom shall be the chief counsel of the committee for public counsel services or a designee; 1 of whom shall be the commissioner of probation or a designee; 1 of whom shall be the president of the Massachusetts chiefs of police association, or a designee; 1 of whom shall be the executive director of the Massachusetts office for victim assistance or a designee; 1 of whom shall be the executive director of the Massachusetts sheriff's association, or a designee; and 7 of whom shall be appointed by the governor, 1 of whom shall be a retired trial court judge and 6 of whom shall be representatives of community-based restorative justice programs or a member of the public with expertise in restorative justice. Each member of the advisory committee shall serve a 6-year term. The committee shall convene no later than 90 days after the bill’s enactment. The creation of this new committee shall cause the restorative justice advisory committee established pursuant to chapter 276B §5 to dissolve 90 days after the bill’s enactment unless upon a 2⁄3 vote of that committee, a continuance is deemed necessary to complete the purpose of that committee. The time frame of said continuance must be specified in the motion to extend time of operation.

SECTION 5. The director of the office of restorative justice may establish reasonable fees to be charged to

public agencies for the provision of the restorative justice education, consultation, or other

services authorized herein, and may apply for and accept on behalf of the commonwealth any

federal, local, or private grants, bequests, gifts, or contributions to aid in the financing of any of

the programs or activities of the office. Fees, grants, bequests, gifts, or contributions shall be

received by the office and deposited in a separate fund and shall be expended, without further

appropriation, at the direction of the director, for the cost of operation of the office, including

personnel and for programs funded by the office. The office may make agreements with public

agencies and officers and may contract with other persons, including private agencies,

corporations, or associations, to carry out any of the functions and purposes of this section.

SECTION 6. The office shall annually prepare a report on its activities, including all income and expenditures, and file the report with the governor, the secretaries for administration and finance, public safety and security, health and human services and education, the chief justices of the supreme judicial

court and the trial court, and the chairs of the house and senate committees on ways and means,

public safety, human services, and education, on or before December 31.”