ALABAMA: Alabama Juvenile Justice Act: Section 12-15-1.1
Purpose clause incorporates some of the restorative philosophy while not
specifically using the terminology. The goals established also address pieces of
the restorative philosophy: (4) To secure for any child removed from parental
custody the necessary treatment, care, guidance and discipline to assist him or
her in becoming a responsible productive member of society.; (5) To
promote a continuum of services for children and their families from
prevention to aftercare, considering wherever possible, prevention,
diversion, and early intervention.; 6) To promote the use of community
based alternatives; (7) To hold a child found to be delinquent accountable
for his or her actions….provide a program of supervision, care and
rehabilitation, including restitution by the child to the victim of his or
her delinquent acts.
II. ALASKA: HB47: effective 7-1-99: Restorative Community Justice
Directs the Department of Corrections to study the principles of Restorative
Community Justice and produce a plan for implementing these principles in
Alaska. The seven "core values" of restorative justice are listed and
the DOC is instructed to:
1. Examine restorative community approach
2. Review and assess the state’s criminal justice policy as it relates to
restorative community approach.
3. Identify programs and practices that don’t fit within the parameters
of restorative community justice.
Develop a plan to apply restorative community justice approach to the
state’s criminal justice system.
Sec. 47.12.010: Goal and Purposes of Chapter
Goal and Purpose section:
"...promote a balanced juvenile justice system in the state to protect
the community, impose accountability for violations of law, and equip juvenile
offenders with the skills needed to live responsibly and productively."
Key restorative justice principles are stated directly, including:
Making the juvenile justice system more open, accessible, and accountable
to the public.
Ensure that victims, witnesses, parents, guardian, juvenile offenders and
all other interested parties are treated with dignity, respect, courtesy,
and sensitivity throughout all legal proceedings
Divert juveniles from the formal juvenile justice process through early
intervention as warranted when consistent with the protection of the public
Ensure that victims and witnesses of crimes committed by juveniles are
afforded the same rights as victims and witnesses of crimes committed by
Encourage and provide opportunities for local communities and groups to
play an active role in the juvenile justice process in ways that are
Restoration of the community and the victim
ARIZONA: ARS 8-230 and 8-341 (1998)
8-230: Referrals; diversions; conditions; community based alternative
Allows the county attorney to divert the prosecution of a juvenile to a
community based alternative program or to a court diversion program. Allows the
county attorney or the juvenile court to establish community based alternative
programs. May require participation in community service, counseling and
substance abuse programs, payment of restitution to the victim and payment of
monetary assessments. In order to participate the youth must admit
responsibility. Guidelines for community based programs highlight voluntary
participation of both offender and victim, the right for all interested parties
to participate, participants all agree on the consequences imposed. Also
contains sanctions for non-compliance. Emphasis is on accountability to victim
and reparation of harm.
8-341: Disposition and commitment
Includes in possible dispositions:
Full or partial restitution to the victim. The court must notify the victim
of the disposition hearing and can accept a victim statement as to losses.
Pay a monetary assessment or perform an equivalent amount of community
Restitution may either be paid in money or in work hours to repair damage
to the victim’s property, to provide community service
Written notice of release of any juvenile from secure care shall be made to
any victim requesting notice.
Summary: Typical restorative justice language is not used and neither is the
term "restorative justice". However, issues such as reparation,
involvement of affected parties, and community-based alternatives to
incarceration are restorative in their effect.
Requires community restoration, victim restoration, and offender training and
treatment to substitute for retributive punishment, to be directed toward
correcting and rehabilitating youths who have committed public offenses.
: Gives crime victims the right to present victim impact
statements in all juvenile court hearings. Requires the probation department
to notify victims of all judicial proceedings.
Welfare and Institutions Code, Section 1700) uses restorative justice
language: "to protect society from the consequences of criminal activity
and to that purpose community restoration, victim restoration, and offender
training and treatment shall be substituted for retributive punishment and shall
be directed toward the correction and rehabilitation of young persons who have
committed public offenses."
Authorizes the Department of Public Safety to use funds or grants to provide
restorative justice programs. Uses the language of restorative justice in the
"...protect, restore and improve public safety" by creating a
juvenile justice system that sanctions juveniles and "...in certain cases
will also provide the opportunity to bring together affected victims, the
community, and juvenile offenders for restorative purposes."
CONNECTICUT: Sec. 46b-121h. Goals of Juvenile Justice System (1999)
States intent in restorative language: "It is the intent of the General
Assembly that the juvenile justice system provide individualized supervision,
care, accountability and treatment in a manner consistent with public safety to
those juveniles who violate the law. The juvenile justice system shall also
promote prevention efforts through the support of programs and services designed
to meet the needs of juveniles charged with the commission of a delinquent
Includes restorative justice language in juvenile justice system goals also:
Hold juveniles accountable for their unlawful behavior
Provide secure and therapeutic confinement to those juveniles who present a
danger to the community
Adequately protect the community and juveniles
Provide programs and services that are community-based and are provided in
close proximity to the juvenile’s community
Provide follow-up and nonresidential post-release services to juveniles who
are returned to their families or communities
Promote the development and implementation of community-based programs
designed to prevent unlawful behavior and to effectively minimize the depth
and duration of the juvenile’s involvement in the juvenile justice system.
FLORIDA: 985.303: Neighborhood Restorative Justice
Authorizes the establishment of Neighborhood Restorative Justice Centers for
operating deferred prosecution programs for first-time, non-violent juvenile
offenders. The state Attorney is authorized to establish Restorative Justice
Boards who would hear all matters involving the above -identified offenders:
Authorizes the Department of Corrections to "...develop, provide, or
contract for a state-wide system of community based...programs dealing with
the rehabilitation of offenders "for the reintegration of the
offender back into the community."
944.026: Community Based Facilities and Programs (statute created in 1974):
948.51: Community Control Programs (enacted prior to 1987): Authorizes
the Department to develop and administer community control programs focusing on
the provision of sanctions commensurate with the seriousness of the crime.
948.51 (1991) Community Corrections Assistance to Counties or County
Consortiums: Purpose is to divert non-violent offenders from prison system
by using community-based sanctions.
S 1178: Authorizes a law enforcement agency or school district, with the
state attorney to establish a pre-arrest diversion program.
In this state, restorative legislation is found in several pieces of
legislation. The specific language of restorative justice is not used. The focus
is on community-based actions, diversion, reintegration, and a continuum of
Hawaii: House Resolution No. 11 (2000): Relating to Restorative Justice:
Includes brief review of restorative justice philosophy and values. Describes
restorative justice as a method to address recidivism and prison overcrowding.
Resolution is that the philosophy of restorative justice should be
incorporated into criminal justice thinking and that the practice of restorative
justice should be incorporated into current methods of incarceration in order to
more specifically address the problems facing our criminal justice system,
namely, prison overcrowding and recidivism.
IDAHO: H0032 (1999) Juvenile Offenders, Placement Options
(Amends and adds to existing law to provide the options of the Department of
Juvenile Corrections for the placement of juvenile offenders committed to its
Allows the department to provide a continuum of services including community
nonresidential placements of juvenile offenders..
Intent clause uses specific restorative justice language: "It is the
policy of the state of Idaho that the juvenile corrections system will be based
on the following principles: accountability; community protection; and
competency development." "…the court shall impose a sentence that
will protect the community, hold the juvenile accountable for his actions, and
assist the juvenile in developing skills to become a contributing member of a
Restorative language is repeated throughout the bill. "..the primary
purpose of this act is to provide a continuum of programs which emphasize the
juvenile offender’s accountability for his actions while assisting him in the
development of skills necessary to function effectively and positively in the
community in a manner consistent with public safety."
Set a specific framework for the operation of the Department of Juvenile
Provide humane, disciplined confinement to a juvenile offender who presents
a danger to the community.
Provide a continuum of services to other juvenile offenders including, but
not limited to, community nonresidential placements consistent with the
balanced approach to juvenile justice.
Strengthen opportunities for the juvenile offender’s development of
competency and life skills by expanding the juvenile’s access to applicable
programs and community resources.
Hold juvenile offenders accountable for delinquent behavior through such
means as victim restitution, community service programs and the sharing of
Invoke the participation of the juvenile offender’s parent or legal
guardian in assisting the juvenile to recognize and accept responsibility for
his delinquent or other antisocial behavior
Develop efficient and effective juvenile correctional programs within the
framework of professional correctional standards, legislative intent and
Provide for a diversity of innovative and effective programs through
research on delinquent behavior and the continuous evaluation of correctional
Assist counties in developing meaningful programs for juveniles who have
come into the juvenile corrections system but who have not been committed to
the custody of the department of juvenile corrections.
Provide programs to increase public awareness of the mission of the
juvenile corrections system and encourage public participation in developing
an effective juvenile corrections system designed to aid in reducing juvenile
crime in this state.
Develop and maintain a statewide juvenile offender information system.
This plan clearly addresses a juvenile justice system structured on the
values of restorative justice.
ILLINOIS: S363 (1998) Juvenile Justice Reform Act of 1998
Permits the establishment of community mediation programs to provide citizen
participation in addressing juvenile delinquency. The three principal goals of
BARJ are stated in the purpose clause of the Act and states that these
principals are to "guide the court system as it strives to restore the
victim, community, and the juvenile offender to a state of well-being by
repairing the harm caused by the crime to these parties." Allows the State
Attorney to establish community mediation panels to meet with victims and the
youth. Allows the court to order the parents or guardians to take certain
actions or to refrain from such actions to serve public safety; develop
competency of the minor, and to promote accountability by the minor for his or
Sec. 5-115: Rights of Victims Gives victims in delinquency cases the
same rights provided in the Bill of Rights for Children and the rights of
Crime Victims and Witnesses Act.
Sec 5-130 Part 2: Administration of Juvenile Justice Continuum For
Delinquency Prevention: Sets forth the General Assembly’s intent for
prevention and early intervention in delinquency cases. Emphasis is placed on
community involvement and support of these activities and the need for each
county and region of the state to establish a comprehensive juvenile justice
Sec. 5-310: Community Mediation Program: Allows State Attorney to
establish community mediation panels to meet with victims, juvenile offenders
and their parents in a process to hold juveniles accountable, to restore the
victims and the community after injuring them and to offer the juvenile
offenders opportunities to develop skills necessary for development as
positive members of the community.
INDIANA: S 203 (1999)
Allows the legislative council to determine whether to establish the Juvenile
and Restorative Justice Study Commission. If established, the commission will
study issues related to juvenile laws and make recommendations to effectively
address the rising juvenile crime rate and examine the delivery of juvenile
Court is allowed to order a juvenile offender to make restitution to victims
of the offense or pay a fine up to $250. Requires the county or district
attorney to give notice to a victim, the local law enforcement agency and the
school district in which the juvenile will reside prior to discharging a
juvenile. No specific restorative terminology and does not address the
philosophy in whole
LOUISIANA: RS46:1841-1844: Chapter 21 – B. Rights of crime victims
Outlines specific victim and witness rights including notification,
information and referral, input in the court process, victim impact statements,
right to seek restitution.
Includes development of
diversion programs (within parameters of community safety and child’s
RS46:1905: Powers and Duties of the Department
MAINE: LD 1727, Public Law 421: An Act to Establish and Implement a Pilot
Program for Restorative Justice
Proposed to permit a juvenile caseworker to initiate a family group
conference to bring about an agreement for an informal adjustment. Part B of
bill proposed that on recommendation of the DOC, a probationer would have to
appear before and abide by the requirement of a community reparation board.
Enacted law summary:
Limits restorative justice to a pilot program
Changes name of the restorative justice boards for juveniles from family
group conferences to community resolution teams
Allows community reparations boards to be established only when federal
funding or other special revenue is secured.
Excludes persons who have been convicted of a sexual assault or of a crime
of domestic violence from participating in community reparations boards
H 276: Gives victims of a juvenile crime all the rights that a victim
would have if the conduct were committed by an adult
MARYLAND: State Statute 3-802
Utilizes restorative justice language in purpose clause…"To ensure
that the Juvenile Justice System balances the following objectives for children
who have committed delinquent acts:
Public safety and the protection of the community
Accountability of the child to the victim and the community for offenses
Competency and character development to assist children in becoming
responsible and productive members of society.
H 302: Requires victim notification of the right to submit a victim
impact statement in waiver hearing and the right to attend waiver hearings.
MINNESOTA: Crime Victims: Rights, Programs, Agencies: Section 611A.775 –
Restorative Justice Programs
Allows a community based organization, in collaboration with a local
governmental unite, to establish a restorative justice program (uses the term
"restorative justice program") Defines what a restorative justice
program is (definition is somewhat limited as it appears to require some type of
face-to-face encounter) Sets goals for the program which focus on accountability
and community reintegration.
Section 388.24: County Attorney (Pretrial diversion programs for juveniles
Subdivision 2 : "Establishment of program (pretrial diversion).
"By July 1, 1995, every county attorney shall establish a pretrial
diversion program for offenders. The program must be designed and operated to
further the following goals:
to provide eligible offenders with an alternative to adjudication that
emphasizes restorative justice
to promote the collection of restitution to the victim of the offender’s
Section 609.125: Criminal Code Subdivision 1. Sentences Available upon the
conviction of a misdemeanor or gross misdemeanor:
payment of court-ordered restitution
to perform work service in a restorative justice program
Subdivision 2: Restitution
payment of compensation to the victim or the victim’s family
if the victim is deceased or already has been fully compensated, payment of
money to a victim assistance program or other program directed by the court
Section 609.135: Criminal Code
Allows for stay of imposition or execution of sentence and the ordering of
intermediate sanctions as defined as:
"…includes but is not limited to incarceration in a local jail or
workhouse, home detention, electronic monitoring, intensive probation, sentencing
to service, reporting to a day reporting center, chemical dependency or
mental health treatment or counseling, restitution, fines, day-fines, community
work service, work service in a restorative justice program, and with the
victim’s consent, work in lieu of or to work off restitution,"
SF 184 (1999) : Permits a victim of an alleged delinquent act to request
and obtain certain information about the juvenile.
MISSOURI: HB823: Local Sentencing Alternatives for Offenders (1997)
(not sure of what happened with this bill but the intent is comprehensive.)
Authorizes the Director of the DOC to establish a program of restorative
justice within its facilities which would require offenders to offer acts or
expressions of remorse to victims and community; must include community service
work and participation in victim-oriented programs. Also requires DOC to
establish local sentencing alternatives to "enable offenders to promote
accountability of offenders to crime victims, ensure that victims are included
in the state’s response to crime, involve local communities in sentencing
options, …" DOC must also "provide training for eligible volunteers
and develop specific condition of a probation program….include compensation
and restitution, participation in victim offender mediation, impact panels, and
of DOC must establish a program for offenders within correctional centers to
involve offenders in victim-oriented programs. Must encourage local sentencing
alternative for offenders which are intended to "make offenders more
accountable to their victims…"
SB0430: Local Sentencing Alternative for Offenders (Effective 8-28-1997)
Summary: The first bill (HB823) is very specific and focuses on
accountability based sanctions. It contains local sentencing alternatives that
promote accountability of offenders to victims and encourages courts to develop
reparative probation programs using local volunteer boards. The second bill (SB
430) is not as specific but again focuses on accountability based sanctions,
victim and community involvement. Offender competency development is not
MONTANA: (1997) Title 4, ch. 5, 41-5-102 "Montana Youth Court Act:
Purpose clause includes restorative justice values:
to prevent and reduce youth delinquency through a system that does not seek
retribution but that provides:
immediate, consistent, enforceable, and avoidable consequences
a program of supervision, care, rehabilitation, detention, competency
development and community protection for youth
in appropriate cases, restitution
NEBRASKA: LB 594 (1999)
Requires the juvenile justice system to promote prevention efforts that are
community-based and involve all sectors of the community. Includes in the goals
of the juvenile justice system: Holding juveniles accountable for their unlawful
acts, stressing the offender’s responsibility to victims and the community,
recognizing the importance of education for juveniles in the juvenile justice
system, and emphasizing parental involvement and accountability.
NEW MEXICO: House Bill 219: (2000) Effective 7-1-2000
Making appropriations for the purpose of providing an array of services to
children at risk of being referred or children referred to the Juvenile Justice
Division of the Children, Youth and Families Department.
States the intent to be that a "balanced and restorative juvenile
justice system be premised upon the guiding principles of community protection,
accountability and competency development."
NEVADA: S 77: (1999)
Permits the court to order a child age 14 or older to participate in a
restitution program if he or she never has committed an unlawful act that
involved the use or threatened use of force or violence or has not previously
committed an unlawful act in another jurisdiction, is ordered to provide
restitution to a victim, and voluntarily agrees to participate in a restitution
program. Allows the court to order the child or parent or guardian to pay costs
associated with participation in the program to the extent of his or her
OHIO: Amended Sub. House Bill 3: Section 2151.355 of the Ohio Revised Code
Addresses disposition options including:
restitution – cash reimbursement, the performance of repair work to
restore any damaged property, performance of labor for the victim
approximately equal to the value of the property damage, performance of
community service or community work and other forms of restitution as devised
by the court.
If the court obtains the assent of the victim, require the child to
participate in a reconciliation or mediation program.
In crimes of violence, the court orders the preparation of a victim impact
statement to be used in determining disposition.
H3 (1999): Victims: Makes an alleged juvenile offender’s name
available to a victim. Requires notification to a victim of hearings,
dismissal of complaint, detention and release from custody of an alleged
juvenile offender for a delinquent act. Requires victim notification if an
alleged juvenile offender is committed to the temporary custody of a school,
camp, institution or other facility for the care of delinquent children or the
custody of the Department of Youth Service
OREGON: OR 419C.001 (1998) Juvenile Code
Juvenile justice system is established on the balanced approach, "the
principles of personal responsibility, accountability, and reformation within
the context of public safety and restitution to the victims and to the
community". Directs the system to provide a continuum of services that
emphasize prevention of further criminal activity by the use of early and
certain sanctions, reformation and rehabilitation programs, and swift
Requires a local citizen review board to review cases of
youth offenders in the custody of the Oregon Youth Authority, with focus on
public safety, youth offender accountability and reformation in conducting
PENNSYLVANIA: S6301 (1995)
Reflects the philosophy of balanced and restorative justice: "the
protection of the public interest, to provide for children committing delinquent
acts programs of supervision, care, and rehabilitation that provide balanced
attention to the protection of the community, the imposition of accountability
for offenses committed and the development of competencies to enable children to
become responsible and productive members of the community."
Requires the Commission on Crime and Delinquency to
prepare and update every two years a comprehensive juvenile justice plan,
based on the state’s needs and problems, including juvenile delinquency
S 179 (1999):
SOUTH CAROLINA: Section 20-7-20: The South Carolina Children’s Code (1993)
Establishes a children’s policy Includes the duty of the State to encourage
community involvement in the provision of all children'’ services. Also calls
for agency collaboration
Includes (among others)
Section 20-7-6840: Community services
1.Developing public awareness programs and provide technical assistance to
local government in the development of prevention programs.
2.Providing a variety of community-based programs such as volunteer
services, restitution, community work programs.
3. Providing juvenile diversion programs.
UTAH: Utah Code Section 78-3a-102: Establishment of juvenile court (1988 and
amended in 1997 General Session)
Under the purpose section it now incorporates some restorative justice
language and philosophy: "Promote public safety and individual
accountability by the imposition of appropriate sanctions on persons who have
committed act in violation of law; order appropriate measures to promote
guidance and control as an aid in the prevention of future unlawful conduct and
the development of responsible citizenship
Addresses disposition options including:
78-3a-118 (also in the Utah Code Section and amended in 1997 General
Repair, replacement or otherwise make restitution for damage or loss caused
by the minor’s wrongful act, including costs of treatment
The court may through its probation department encourage the development of
employment or work programs to enable minors to fulfill their restitution
Compensatory community service
In certain cases, a minor may be given a choice to serve in the National
Guard in lieu of other sanctions.
H 64: (1999) Creates the Youth Court Diversion Act, which allows juvenile
offenders to complete community service in the courtroom as alternative
dispositions. Also give victims of juvenile crimes the right to attend hearings
and to be heard.
VIRGINIA: 16.1-309.3: Establishment of a community-based system of services
(1996) (Part of the Virginia Juvenile Community Crime Control Act – S 345)
Allows any county, city or combination thereof to establish a community based
system to provide or arrange to have accessible a variety of pre and post
disposition services including:
Diversion, Community service, Restitution, House arrest, Intensive juvenile
supervision, Substance abuse assessment and testing, First time offender
programs, Intensive individual and family treatment, Structured Day treatment,
Structured residential programs, Aftercare/parole community supervision
Community based systems are to be developed in consultation with the district
court judge, the director of court services and the community policy and
management team. (Encourages collaboration and sharing of resources).
Directs the court to require a juvenile delinquent to
make at least partial restitution or reparation for any property damage, loss
caused by the offense, or actual medical expenses incurred by the victim as a
result of the offense. The court also must require the juvenile to participate
in a community service project under court prescribed conditions.
S 886 (1999):
WASHINGTON: Title 13 RCW 13.40.500 (1997) Community juvenile
Purpose is stated as, "…to provide a continuum of community-based
programs that emphasize the juvenile offender’s accountability for his or her
actions while assisting him or her in the development of skills necessary to
function effectively and positively in the community in a manner consistent with
public safety." This statement is prefaced with philosophy about community
involvement in the juvenile justice system and the need for citizens and crime
victims to be active partners in responding to crime, the management of
resources and in the disposition decisions.
RCW 13.40.510: Community juvenile accountability programs:
Allows local governments to submit proposals that establish community
juvenile accountability programs within their communities. Proposals must:
Demonstrate that the proposals were developed wit the input of the
community public health and safety networks and the local law and justice
Describe how local community groups or members are involved in the
implementation of the programs
Include a description of how the grant funds will contribute to the
expected outcomes of the program and the reduction of youth violence and
A local government receiving a grant agrees that any funds received must be
used efficiently to encourage the use of community-based programs that reduce
the reliance on secure confinement as the sole means of holding juvenile
Guidelines for programs include:
Target diverted and adjudicated juvenile offenders
Include assessment methods
Provide maximum structured supervision in the community
Promote good work ethic values and educational skills and competencies
necessary for the juvenile offender to function effectively and positively
in the community
Maximize the efficient delivery of treatment services aimed at reducing
Maximize the reintegration of the juvenile offender into the community
upon release from confinement
Maximize the juvenile offender’s opportunities to make full restitution
to the victims and amends to the community
WISCONSIN:1999 Assembly Bill 533
Authorizes three assistant district attorney positions to engage in
restorative justice planning and implementation in three designated counties and
to act as resources for other counties in the development and operation of
restorative justice programming.