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HB24-1101

Empower Victims through Access Restorative Justice

Concerning empowering victims by enhancing access to restorative justice in criminal cases.
Session:
2024 Regular Session
Subjects:
Courts & Judicial
Crimes, Corrections, & Enforcement
Bill Summary

The bill makes changes to increase access to restorative justice practices (restorative justice) in Colorado, specifically by:

  • Creating a victim-survivor right to participate in restorative justice in the criminal and juvenile justice systems;
  • Requiring that victim-survivors be informed of their statutory right to restorative justice and how to exercise it;
  • Creating a victim-survivor right to request restorative justice as an alternative to, or in addition to, prosecution;
  • Establishing the victim-survivor's right to accept or decline participation in restorative justice, and the right to change that decision, at any stage in the proceedings;
  • Creating a victim-survivor right to restorative justice with trained facilitators who adhere to the Colorado restorative justice coordinating council's code of conduct and standards of training and practice, as amended;
  • Requiring that, in cases of domestic violence or unlawful sexual behavior, when a victim-survivor requests restorative justice, the victim-survivor has a right to restorative justice with a facilitator who has specialized training and experience to address the issues specific to those cases;
  • Requiring that participation in restorative justice by a responsible party is voluntary;
  • Mandating that restorative justice is confidential and information obtained through a restorative justice practice must not be disclosed by any party to the practice without the agreement of all parties involved;
  • Requiring the state restorative justice coordinating council to develop, on or before August 30, 2024, 2 standardized forms to advise victim-survivors of their right to restorative justice in criminal and juvenile cases and a confidentiality agreement to use in restorative justice;
  • Clarifying that the legal authority of a prosecutor to make decisions about prosecution is preserved;
  • Creating a funding source for restorative justice through the offender services fund;
  • Eliminating language in statute that prohibits the use of restorative justice in cases involving domestic partner violence, protective orders, stalking, and unlawful sexual behavior;
  • Requiring the department of corrections to accommodate victim-survivor requests for victim-offender dialogues; maintain an accountability letter bank for inmates to send letters of accountability, apology, or remorse to victim-survivors; inform victim-survivors of the availability of such letters; and adopt policies requiring adherence to the principles of victim empowerment; and
  • Eliminating outdated language related to fees for restorative justice in multiple statutes.
    (Note: This summary applies to this bill as introduced.)

Status

Introduced
Under Consideration

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Bill Text

Sponsors

Sponsor Type Legislators
Prime Sponsor

Rep. J. Mabrey, Rep. M. Snyder

Sponsor

Co-sponsor

Upcoming Schedule

Mar
5
Tuesday

Judiciary

1:30 pm  |  HCR 0107

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