Amended IN Assembly April 29, 2024 Amended IN Senate January 23, 2024 Amended IN Senate January 03, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 379Introduced by Senator UmbergFebruary 09, 2023An act to add Section Sections 5034 and 5035 to the Penal Code, relating to prisons. victim services.LEGISLATIVE COUNSEL'S DIGESTSB 379, as amended, Umberg. Prisons: Accountability Letter Bank. Victim services: restorative justice.Existing law provides the Department of Corrections and Rehabilitation with jurisdiction over the state prison, state prisons, as specified.This bill would require the department to establish and maintain an Accountability Letter Bank (ALB) program, with the goal of providing an a voluntary opportunity for incarcerated persons under the jurisdiction of the department to be accountable for the harm they have caused and to express remorse to those they have harmed, and to allow victims, survivors, and next of kin to receive a letter of accountability from an incarcerated person when, and if, they choose to receive a letter that is addressed to them, as specified. The program would require the letters to be reviewed by an ALB program facilitator to ensure they are not harmful to the victim, survivor, or next of kin and would make the letters available to the victim, survivor, or next of kin, if they wish to receive the letter, by mail or email. kin.This bill would additionally require the department to establish and maintain a Victim Offender Dialogue program, with the goal of providing voluntary opportunities for restorative justice processes between victims, survivors, and next of kin and people who are incarcerated or on parole, facilitated by nonprofit, community-based restorative justice organizations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5034 is added to the Penal Code, to read:5034. (a) The department shall establish and maintain an Accountability Letter Bank (ALB) program.(b) The goals of the program shall be all both of the following:(1)To provide an opportunity for incarcerated persons under the jurisdiction of the department to be accountable for the harm they have caused and to express remorse to those they have harmed.(2)To encourage interested incarcerated individuals to express remorse, develop empathy, and accept full responsibility for the harm caused to the victim and their family.(3)To allow a safe place for victims, survivors, and next of kin to receive the letter of accountability from the incarcerated person, and allow the victim, survivor or next of kin to control when and if they receive the letter.(4)To reduce the likelihood of possible re-victimization.(1) To allow victims, survivors, and next of kin to receive a letter of accountability from an incarcerated person when, and if, they choose to receive a letter that is addressed to them.(2) To provide an opportunity for incarcerated persons under the jurisdiction of the department to express accountability and remorse for the harm they have caused.(c) All letters submitted to the ALB shall be reviewed by an ALB program facilitator to ensure they are not harmful to the victim, survivor, or next of kin and to ensure the letters demonstrate and emphasize all of the following: kin.(1)The persons acceptance of responsibility.(2)The persons understanding of the impact and harm of the crime.(3)The persons development of empathy for the victim.(4)The persons learning of skills to prevent the reoccurrence of criminal behavior.(d) If a victim, survivor, or next of kin wishes to receive the offenders letter, the ALB program facilitator shall make the letter available through mail or email. any of the following:(1) By mail.(2) By email.(3) Upon request by the victim, survivor, or next of kin, an ALB program facilitator may read the letter with the victim, survivor, or next of kin in person or by telephone.(e) If an incarcerated person decides to participate in a program to draft and submit a letter to the ALB, the program shall be administered by a community-based nonprofit organization, as these organizations are uniquely qualified to provide support to incarcerated people in expressing remorse, developing empathy, and accepting responsibility for causing harm.(f) Participation in the ALB program shall be voluntary.(g) Incarcerated people shall be able to opt out of having letters they submit to the ALB be included in their central file.SEC. 2. Section 5035 is added to the Penal Code, to read:5035. (a) The department shall establish and maintain a Victim Offender Dialogue (VOD) program.(b) The goal of the program is to provide opportunities for restorative justice processes between victims, survivors, and next of kin of victims of crime and people who are incarcerated or on parole, which often culminate in a dialogue between those parties.(c) All VOD processes shall be facilitated by nonprofit, community-based restorative justice organizations. The departments Office of Victim and Survivor Rights and Services shall receive VOD requests from victims, survivors, and next of kin and refer all cases to restorative justice organizations that provide VOD facilitation services.(d) Participation in the VOD program shall be voluntary.
Amended IN Assembly April 29, 2024 Amended IN Senate January 23, 2024 Amended IN Senate January 03, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 379Introduced by Senator UmbergFebruary 09, 2023An act to add Section Sections 5034 and 5035 to the Penal Code, relating to prisons. victim services.LEGISLATIVE COUNSEL'S DIGESTSB 379, as amended, Umberg. Prisons: Accountability Letter Bank. Victim services: restorative justice.Existing law provides the Department of Corrections and Rehabilitation with jurisdiction over the state prison, state prisons, as specified.This bill would require the department to establish and maintain an Accountability Letter Bank (ALB) program, with the goal of providing an a voluntary opportunity for incarcerated persons under the jurisdiction of the department to be accountable for the harm they have caused and to express remorse to those they have harmed, and to allow victims, survivors, and next of kin to receive a letter of accountability from an incarcerated person when, and if, they choose to receive a letter that is addressed to them, as specified. The program would require the letters to be reviewed by an ALB program facilitator to ensure they are not harmful to the victim, survivor, or next of kin and would make the letters available to the victim, survivor, or next of kin, if they wish to receive the letter, by mail or email. kin.This bill would additionally require the department to establish and maintain a Victim Offender Dialogue program, with the goal of providing voluntary opportunities for restorative justice processes between victims, survivors, and next of kin and people who are incarcerated or on parole, facilitated by nonprofit, community-based restorative justice organizations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 29, 2024 Amended IN Senate January 23, 2024 Amended IN Senate January 03, 2024
Amended IN Assembly April 29, 2024
Amended IN Senate January 23, 2024
Amended IN Senate January 03, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 379
Introduced by Senator UmbergFebruary 09, 2023
Introduced by Senator Umberg
February 09, 2023
An act to add Section Sections 5034 and 5035 to the Penal Code, relating to prisons. victim services.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 379, as amended, Umberg. Prisons: Accountability Letter Bank. Victim services: restorative justice.
Existing law provides the Department of Corrections and Rehabilitation with jurisdiction over the state prison, state prisons, as specified.This bill would require the department to establish and maintain an Accountability Letter Bank (ALB) program, with the goal of providing an a voluntary opportunity for incarcerated persons under the jurisdiction of the department to be accountable for the harm they have caused and to express remorse to those they have harmed, and to allow victims, survivors, and next of kin to receive a letter of accountability from an incarcerated person when, and if, they choose to receive a letter that is addressed to them, as specified. The program would require the letters to be reviewed by an ALB program facilitator to ensure they are not harmful to the victim, survivor, or next of kin and would make the letters available to the victim, survivor, or next of kin, if they wish to receive the letter, by mail or email. kin.This bill would additionally require the department to establish and maintain a Victim Offender Dialogue program, with the goal of providing voluntary opportunities for restorative justice processes between victims, survivors, and next of kin and people who are incarcerated or on parole, facilitated by nonprofit, community-based restorative justice organizations.
Existing law provides the Department of Corrections and Rehabilitation with jurisdiction over the state prison, state prisons, as specified.
This bill would require the department to establish and maintain an Accountability Letter Bank (ALB) program, with the goal of providing an a voluntary opportunity for incarcerated persons under the jurisdiction of the department to be accountable for the harm they have caused and to express remorse to those they have harmed, and to allow victims, survivors, and next of kin to receive a letter of accountability from an incarcerated person when, and if, they choose to receive a letter that is addressed to them, as specified. The program would require the letters to be reviewed by an ALB program facilitator to ensure they are not harmful to the victim, survivor, or next of kin and would make the letters available to the victim, survivor, or next of kin, if they wish to receive the letter, by mail or email. kin.
This bill would additionally require the department to establish and maintain a Victim Offender Dialogue program, with the goal of providing voluntary opportunities for restorative justice processes between victims, survivors, and next of kin and people who are incarcerated or on parole, facilitated by nonprofit, community-based restorative justice organizations.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 5034 is added to the Penal Code, to read:5034. (a) The department shall establish and maintain an Accountability Letter Bank (ALB) program.(b) The goals of the program shall be all both of the following:(1)To provide an opportunity for incarcerated persons under the jurisdiction of the department to be accountable for the harm they have caused and to express remorse to those they have harmed.(2)To encourage interested incarcerated individuals to express remorse, develop empathy, and accept full responsibility for the harm caused to the victim and their family.(3)To allow a safe place for victims, survivors, and next of kin to receive the letter of accountability from the incarcerated person, and allow the victim, survivor or next of kin to control when and if they receive the letter.(4)To reduce the likelihood of possible re-victimization.(1) To allow victims, survivors, and next of kin to receive a letter of accountability from an incarcerated person when, and if, they choose to receive a letter that is addressed to them.(2) To provide an opportunity for incarcerated persons under the jurisdiction of the department to express accountability and remorse for the harm they have caused.(c) All letters submitted to the ALB shall be reviewed by an ALB program facilitator to ensure they are not harmful to the victim, survivor, or next of kin and to ensure the letters demonstrate and emphasize all of the following: kin.(1)The persons acceptance of responsibility.(2)The persons understanding of the impact and harm of the crime.(3)The persons development of empathy for the victim.(4)The persons learning of skills to prevent the reoccurrence of criminal behavior.(d) If a victim, survivor, or next of kin wishes to receive the offenders letter, the ALB program facilitator shall make the letter available through mail or email. any of the following:(1) By mail.(2) By email.(3) Upon request by the victim, survivor, or next of kin, an ALB program facilitator may read the letter with the victim, survivor, or next of kin in person or by telephone.(e) If an incarcerated person decides to participate in a program to draft and submit a letter to the ALB, the program shall be administered by a community-based nonprofit organization, as these organizations are uniquely qualified to provide support to incarcerated people in expressing remorse, developing empathy, and accepting responsibility for causing harm.(f) Participation in the ALB program shall be voluntary.(g) Incarcerated people shall be able to opt out of having letters they submit to the ALB be included in their central file.SEC. 2. Section 5035 is added to the Penal Code, to read:5035. (a) The department shall establish and maintain a Victim Offender Dialogue (VOD) program.(b) The goal of the program is to provide opportunities for restorative justice processes between victims, survivors, and next of kin of victims of crime and people who are incarcerated or on parole, which often culminate in a dialogue between those parties.(c) All VOD processes shall be facilitated by nonprofit, community-based restorative justice organizations. The departments Office of Victim and Survivor Rights and Services shall receive VOD requests from victims, survivors, and next of kin and refer all cases to restorative justice organizations that provide VOD facilitation services.(d) Participation in the VOD program shall be voluntary.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 5034 is added to the Penal Code, to read:5034. (a) The department shall establish and maintain an Accountability Letter Bank (ALB) program.(b) The goals of the program shall be all both of the following:(1)To provide an opportunity for incarcerated persons under the jurisdiction of the department to be accountable for the harm they have caused and to express remorse to those they have harmed.(2)To encourage interested incarcerated individuals to express remorse, develop empathy, and accept full responsibility for the harm caused to the victim and their family.(3)To allow a safe place for victims, survivors, and next of kin to receive the letter of accountability from the incarcerated person, and allow the victim, survivor or next of kin to control when and if they receive the letter.(4)To reduce the likelihood of possible re-victimization.(1) To allow victims, survivors, and next of kin to receive a letter of accountability from an incarcerated person when, and if, they choose to receive a letter that is addressed to them.(2) To provide an opportunity for incarcerated persons under the jurisdiction of the department to express accountability and remorse for the harm they have caused.(c) All letters submitted to the ALB shall be reviewed by an ALB program facilitator to ensure they are not harmful to the victim, survivor, or next of kin and to ensure the letters demonstrate and emphasize all of the following: kin.(1)The persons acceptance of responsibility.(2)The persons understanding of the impact and harm of the crime.(3)The persons development of empathy for the victim.(4)The persons learning of skills to prevent the reoccurrence of criminal behavior.(d) If a victim, survivor, or next of kin wishes to receive the offenders letter, the ALB program facilitator shall make the letter available through mail or email. any of the following:(1) By mail.(2) By email.(3) Upon request by the victim, survivor, or next of kin, an ALB program facilitator may read the letter with the victim, survivor, or next of kin in person or by telephone.(e) If an incarcerated person decides to participate in a program to draft and submit a letter to the ALB, the program shall be administered by a community-based nonprofit organization, as these organizations are uniquely qualified to provide support to incarcerated people in expressing remorse, developing empathy, and accepting responsibility for causing harm.(f) Participation in the ALB program shall be voluntary.(g) Incarcerated people shall be able to opt out of having letters they submit to the ALB be included in their central file.
SECTION 1. Section 5034 is added to the Penal Code, to read:
### SECTION 1.
5034. (a) The department shall establish and maintain an Accountability Letter Bank (ALB) program.(b) The goals of the program shall be all both of the following:(1)To provide an opportunity for incarcerated persons under the jurisdiction of the department to be accountable for the harm they have caused and to express remorse to those they have harmed.(2)To encourage interested incarcerated individuals to express remorse, develop empathy, and accept full responsibility for the harm caused to the victim and their family.(3)To allow a safe place for victims, survivors, and next of kin to receive the letter of accountability from the incarcerated person, and allow the victim, survivor or next of kin to control when and if they receive the letter.(4)To reduce the likelihood of possible re-victimization.(1) To allow victims, survivors, and next of kin to receive a letter of accountability from an incarcerated person when, and if, they choose to receive a letter that is addressed to them.(2) To provide an opportunity for incarcerated persons under the jurisdiction of the department to express accountability and remorse for the harm they have caused.(c) All letters submitted to the ALB shall be reviewed by an ALB program facilitator to ensure they are not harmful to the victim, survivor, or next of kin and to ensure the letters demonstrate and emphasize all of the following: kin.(1)The persons acceptance of responsibility.(2)The persons understanding of the impact and harm of the crime.(3)The persons development of empathy for the victim.(4)The persons learning of skills to prevent the reoccurrence of criminal behavior.(d) If a victim, survivor, or next of kin wishes to receive the offenders letter, the ALB program facilitator shall make the letter available through mail or email. any of the following:(1) By mail.(2) By email.(3) Upon request by the victim, survivor, or next of kin, an ALB program facilitator may read the letter with the victim, survivor, or next of kin in person or by telephone.(e) If an incarcerated person decides to participate in a program to draft and submit a letter to the ALB, the program shall be administered by a community-based nonprofit organization, as these organizations are uniquely qualified to provide support to incarcerated people in expressing remorse, developing empathy, and accepting responsibility for causing harm.(f) Participation in the ALB program shall be voluntary.(g) Incarcerated people shall be able to opt out of having letters they submit to the ALB be included in their central file.
5034. (a) The department shall establish and maintain an Accountability Letter Bank (ALB) program.(b) The goals of the program shall be all both of the following:(1)To provide an opportunity for incarcerated persons under the jurisdiction of the department to be accountable for the harm they have caused and to express remorse to those they have harmed.(2)To encourage interested incarcerated individuals to express remorse, develop empathy, and accept full responsibility for the harm caused to the victim and their family.(3)To allow a safe place for victims, survivors, and next of kin to receive the letter of accountability from the incarcerated person, and allow the victim, survivor or next of kin to control when and if they receive the letter.(4)To reduce the likelihood of possible re-victimization.(1) To allow victims, survivors, and next of kin to receive a letter of accountability from an incarcerated person when, and if, they choose to receive a letter that is addressed to them.(2) To provide an opportunity for incarcerated persons under the jurisdiction of the department to express accountability and remorse for the harm they have caused.(c) All letters submitted to the ALB shall be reviewed by an ALB program facilitator to ensure they are not harmful to the victim, survivor, or next of kin and to ensure the letters demonstrate and emphasize all of the following: kin.(1)The persons acceptance of responsibility.(2)The persons understanding of the impact and harm of the crime.(3)The persons development of empathy for the victim.(4)The persons learning of skills to prevent the reoccurrence of criminal behavior.(d) If a victim, survivor, or next of kin wishes to receive the offenders letter, the ALB program facilitator shall make the letter available through mail or email. any of the following:(1) By mail.(2) By email.(3) Upon request by the victim, survivor, or next of kin, an ALB program facilitator may read the letter with the victim, survivor, or next of kin in person or by telephone.(e) If an incarcerated person decides to participate in a program to draft and submit a letter to the ALB, the program shall be administered by a community-based nonprofit organization, as these organizations are uniquely qualified to provide support to incarcerated people in expressing remorse, developing empathy, and accepting responsibility for causing harm.(f) Participation in the ALB program shall be voluntary.(g) Incarcerated people shall be able to opt out of having letters they submit to the ALB be included in their central file.
5034. (a) The department shall establish and maintain an Accountability Letter Bank (ALB) program.(b) The goals of the program shall be all both of the following:(1)To provide an opportunity for incarcerated persons under the jurisdiction of the department to be accountable for the harm they have caused and to express remorse to those they have harmed.(2)To encourage interested incarcerated individuals to express remorse, develop empathy, and accept full responsibility for the harm caused to the victim and their family.(3)To allow a safe place for victims, survivors, and next of kin to receive the letter of accountability from the incarcerated person, and allow the victim, survivor or next of kin to control when and if they receive the letter.(4)To reduce the likelihood of possible re-victimization.(1) To allow victims, survivors, and next of kin to receive a letter of accountability from an incarcerated person when, and if, they choose to receive a letter that is addressed to them.(2) To provide an opportunity for incarcerated persons under the jurisdiction of the department to express accountability and remorse for the harm they have caused.(c) All letters submitted to the ALB shall be reviewed by an ALB program facilitator to ensure they are not harmful to the victim, survivor, or next of kin and to ensure the letters demonstrate and emphasize all of the following: kin.(1)The persons acceptance of responsibility.(2)The persons understanding of the impact and harm of the crime.(3)The persons development of empathy for the victim.(4)The persons learning of skills to prevent the reoccurrence of criminal behavior.(d) If a victim, survivor, or next of kin wishes to receive the offenders letter, the ALB program facilitator shall make the letter available through mail or email. any of the following:(1) By mail.(2) By email.(3) Upon request by the victim, survivor, or next of kin, an ALB program facilitator may read the letter with the victim, survivor, or next of kin in person or by telephone.(e) If an incarcerated person decides to participate in a program to draft and submit a letter to the ALB, the program shall be administered by a community-based nonprofit organization, as these organizations are uniquely qualified to provide support to incarcerated people in expressing remorse, developing empathy, and accepting responsibility for causing harm.(f) Participation in the ALB program shall be voluntary.(g) Incarcerated people shall be able to opt out of having letters they submit to the ALB be included in their central file.
5034. (a) The department shall establish and maintain an Accountability Letter Bank (ALB) program.
(b) The goals of the program shall be all both of the following:
(1)To provide an opportunity for incarcerated persons under the jurisdiction of the department to be accountable for the harm they have caused and to express remorse to those they have harmed.
(2)To encourage interested incarcerated individuals to express remorse, develop empathy, and accept full responsibility for the harm caused to the victim and their family.
(3)To allow a safe place for victims, survivors, and next of kin to receive the letter of accountability from the incarcerated person, and allow the victim, survivor or next of kin to control when and if they receive the letter.
(4)To reduce the likelihood of possible re-victimization.
(1) To allow victims, survivors, and next of kin to receive a letter of accountability from an incarcerated person when, and if, they choose to receive a letter that is addressed to them.
(2) To provide an opportunity for incarcerated persons under the jurisdiction of the department to express accountability and remorse for the harm they have caused.
(c) All letters submitted to the ALB shall be reviewed by an ALB program facilitator to ensure they are not harmful to the victim, survivor, or next of kin and to ensure the letters demonstrate and emphasize all of the following: kin.
(1)The persons acceptance of responsibility.
(2)The persons understanding of the impact and harm of the crime.
(3)The persons development of empathy for the victim.
(4)The persons learning of skills to prevent the reoccurrence of criminal behavior.
(d) If a victim, survivor, or next of kin wishes to receive the offenders letter, the ALB program facilitator shall make the letter available through mail or email. any of the following:
(1) By mail.
(2) By email.
(3) Upon request by the victim, survivor, or next of kin, an ALB program facilitator may read the letter with the victim, survivor, or next of kin in person or by telephone.
(e) If an incarcerated person decides to participate in a program to draft and submit a letter to the ALB, the program shall be administered by a community-based nonprofit organization, as these organizations are uniquely qualified to provide support to incarcerated people in expressing remorse, developing empathy, and accepting responsibility for causing harm.
(f) Participation in the ALB program shall be voluntary.
(g) Incarcerated people shall be able to opt out of having letters they submit to the ALB be included in their central file.
SEC. 2. Section 5035 is added to the Penal Code, to read:5035. (a) The department shall establish and maintain a Victim Offender Dialogue (VOD) program.(b) The goal of the program is to provide opportunities for restorative justice processes between victims, survivors, and next of kin of victims of crime and people who are incarcerated or on parole, which often culminate in a dialogue between those parties.(c) All VOD processes shall be facilitated by nonprofit, community-based restorative justice organizations. The departments Office of Victim and Survivor Rights and Services shall receive VOD requests from victims, survivors, and next of kin and refer all cases to restorative justice organizations that provide VOD facilitation services.(d) Participation in the VOD program shall be voluntary.
SEC. 2. Section 5035 is added to the Penal Code, to read:
### SEC. 2.
5035. (a) The department shall establish and maintain a Victim Offender Dialogue (VOD) program.(b) The goal of the program is to provide opportunities for restorative justice processes between victims, survivors, and next of kin of victims of crime and people who are incarcerated or on parole, which often culminate in a dialogue between those parties.(c) All VOD processes shall be facilitated by nonprofit, community-based restorative justice organizations. The departments Office of Victim and Survivor Rights and Services shall receive VOD requests from victims, survivors, and next of kin and refer all cases to restorative justice organizations that provide VOD facilitation services.(d) Participation in the VOD program shall be voluntary.
5035. (a) The department shall establish and maintain a Victim Offender Dialogue (VOD) program.(b) The goal of the program is to provide opportunities for restorative justice processes between victims, survivors, and next of kin of victims of crime and people who are incarcerated or on parole, which often culminate in a dialogue between those parties.(c) All VOD processes shall be facilitated by nonprofit, community-based restorative justice organizations. The departments Office of Victim and Survivor Rights and Services shall receive VOD requests from victims, survivors, and next of kin and refer all cases to restorative justice organizations that provide VOD facilitation services.(d) Participation in the VOD program shall be voluntary.
5035. (a) The department shall establish and maintain a Victim Offender Dialogue (VOD) program.(b) The goal of the program is to provide opportunities for restorative justice processes between victims, survivors, and next of kin of victims of crime and people who are incarcerated or on parole, which often culminate in a dialogue between those parties.(c) All VOD processes shall be facilitated by nonprofit, community-based restorative justice organizations. The departments Office of Victim and Survivor Rights and Services shall receive VOD requests from victims, survivors, and next of kin and refer all cases to restorative justice organizations that provide VOD facilitation services.(d) Participation in the VOD program shall be voluntary.
5035. (a) The department shall establish and maintain a Victim Offender Dialogue (VOD) program.
(b) The goal of the program is to provide opportunities for restorative justice processes between victims, survivors, and next of kin of victims of crime and people who are incarcerated or on parole, which often culminate in a dialogue between those parties.
(c) All VOD processes shall be facilitated by nonprofit, community-based restorative justice organizations. The departments Office of Victim and Survivor Rights and Services shall receive VOD requests from victims, survivors, and next of kin and refer all cases to restorative justice organizations that provide VOD facilitation services.
(d) Participation in the VOD program shall be voluntary.