| 1 | | - | Senate Bill No. 379 CHAPTER 980An act to add Sections 5034 and 5035 to the Penal Code, relating to victim services. [ Approved by Governor September 29, 2024. Filed with Secretary of State September 29, 2024. ] LEGISLATIVE COUNSEL'S DIGESTSB 379, Umberg. Victim services: restorative justice.Existing law provides the Department of Corrections and Rehabilitation with jurisdiction over 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 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.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 both of the following:(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.(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 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.(f) Participation in the ALB program shall be voluntary.(g) Incarcerated people shall be able to update letters they submit to the ALB. Letters submitted to the ALB shall only be retained for purposes of providing them to the person to whom it is addressed.(h) Letters submitted to the ALB shall not be included in an incarcerated persons central file.(i) A letter submitted to the ALB, and a persons participation in or lack of participation in the ALB program, shall not be considered in a parole suitability decision.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) The VOD program shall be administered and coordinated by the departments Office of Victim and Survivor Rights and Services and shall utilize nonprofit, community-based restorative justice organizations to facilitate the VOD processes.(d) Participation in the VOD program shall be voluntary. |
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| 1 | + | Enrolled September 04, 2024 Passed IN Senate August 30, 2024 Passed IN Assembly August 28, 2024 Amended IN Assembly August 19, 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. 379Introduced by Senator UmbergFebruary 09, 2023An act to add Sections 5034 and 5035 to the Penal Code, relating to victim services.LEGISLATIVE COUNSEL'S DIGESTSB 379, Umberg. Victim services: restorative justice.Existing law provides the Department of Corrections and Rehabilitation with jurisdiction over 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 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.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 both of the following:(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.(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 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.(f) Participation in the ALB program shall be voluntary.(g) Incarcerated people shall be able to update letters they submit to the ALB. Letters submitted to the ALB shall only be retained for purposes of providing them to the person to whom it is addressed.(h) Letters submitted to the ALB shall not be included in an incarcerated persons central file.(i) A letter submitted to the ALB, and a persons participation in or lack of participation in the ALB program, shall not be considered in a parole suitability decision.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) The VOD program shall be administered and coordinated by the departments Office of Victim and Survivor Rights and Services and shall utilize nonprofit, community-based restorative justice organizations to facilitate the VOD processes.(d) Participation in the VOD program shall be voluntary. |
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| 14 | 27 | | |
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| 15 | 28 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 29 | | |
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| 17 | 30 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 31 | | |
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| 19 | 32 | | SB 379, Umberg. Victim services: restorative justice. |
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| 20 | 33 | | |
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| 21 | 34 | | Existing law provides the Department of Corrections and Rehabilitation with jurisdiction over 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 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.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. |
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| 22 | 35 | | |
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| 23 | 36 | | Existing law provides the Department of Corrections and Rehabilitation with jurisdiction over state prisons, as specified. |
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| 24 | 37 | | |
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| 25 | 38 | | This bill would require the department to establish and maintain an Accountability Letter Bank (ALB) program, with the goal of providing 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. |
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| 26 | 39 | | |
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| 27 | 40 | | 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. |
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| 28 | 41 | | |
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| 29 | 42 | | ## Digest Key |
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| 30 | 43 | | |
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| 31 | 44 | | ## Bill Text |
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| 32 | 45 | | |
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| 33 | 46 | | 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 both of the following:(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.(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 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.(f) Participation in the ALB program shall be voluntary.(g) Incarcerated people shall be able to update letters they submit to the ALB. Letters submitted to the ALB shall only be retained for purposes of providing them to the person to whom it is addressed.(h) Letters submitted to the ALB shall not be included in an incarcerated persons central file.(i) A letter submitted to the ALB, and a persons participation in or lack of participation in the ALB program, shall not be considered in a parole suitability decision.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) The VOD program shall be administered and coordinated by the departments Office of Victim and Survivor Rights and Services and shall utilize nonprofit, community-based restorative justice organizations to facilitate the VOD processes.(d) Participation in the VOD program shall be voluntary. |
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| 34 | 47 | | |
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| 35 | 48 | | The people of the State of California do enact as follows: |
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| 36 | 49 | | |
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| 37 | 50 | | ## The people of the State of California do enact as follows: |
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| 38 | 51 | | |
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| 39 | 52 | | 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 both of the following:(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.(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 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.(f) Participation in the ALB program shall be voluntary.(g) Incarcerated people shall be able to update letters they submit to the ALB. Letters submitted to the ALB shall only be retained for purposes of providing them to the person to whom it is addressed.(h) Letters submitted to the ALB shall not be included in an incarcerated persons central file.(i) A letter submitted to the ALB, and a persons participation in or lack of participation in the ALB program, shall not be considered in a parole suitability decision. |
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| 40 | 53 | | |
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| 41 | 54 | | SECTION 1. Section 5034 is added to the Penal Code, to read: |
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| 42 | 55 | | |
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| 43 | 56 | | ### SECTION 1. |
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| 44 | 57 | | |
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| 45 | 58 | | 5034. (a) The department shall establish and maintain an Accountability Letter Bank (ALB) program.(b) The goals of the program shall be both of the following:(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.(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 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.(f) Participation in the ALB program shall be voluntary.(g) Incarcerated people shall be able to update letters they submit to the ALB. Letters submitted to the ALB shall only be retained for purposes of providing them to the person to whom it is addressed.(h) Letters submitted to the ALB shall not be included in an incarcerated persons central file.(i) A letter submitted to the ALB, and a persons participation in or lack of participation in the ALB program, shall not be considered in a parole suitability decision. |
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| 46 | 59 | | |
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| 47 | 60 | | 5034. (a) The department shall establish and maintain an Accountability Letter Bank (ALB) program.(b) The goals of the program shall be both of the following:(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.(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 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.(f) Participation in the ALB program shall be voluntary.(g) Incarcerated people shall be able to update letters they submit to the ALB. Letters submitted to the ALB shall only be retained for purposes of providing them to the person to whom it is addressed.(h) Letters submitted to the ALB shall not be included in an incarcerated persons central file.(i) A letter submitted to the ALB, and a persons participation in or lack of participation in the ALB program, shall not be considered in a parole suitability decision. |
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| 48 | 61 | | |
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| 49 | 62 | | 5034. (a) The department shall establish and maintain an Accountability Letter Bank (ALB) program.(b) The goals of the program shall be both of the following:(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.(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 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.(f) Participation in the ALB program shall be voluntary.(g) Incarcerated people shall be able to update letters they submit to the ALB. Letters submitted to the ALB shall only be retained for purposes of providing them to the person to whom it is addressed.(h) Letters submitted to the ALB shall not be included in an incarcerated persons central file.(i) A letter submitted to the ALB, and a persons participation in or lack of participation in the ALB program, shall not be considered in a parole suitability decision. |
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| 50 | 63 | | |
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| 51 | 64 | | |
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| 52 | 65 | | |
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| 53 | 66 | | 5034. (a) The department shall establish and maintain an Accountability Letter Bank (ALB) program. |
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| 54 | 67 | | |
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| 55 | 68 | | (b) The goals of the program shall be both of the following: |
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| 56 | 69 | | |
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| 57 | 70 | | (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. |
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| 58 | 71 | | |
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| 59 | 72 | | (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. |
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| 60 | 73 | | |
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| 61 | 74 | | (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. |
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| 62 | 75 | | |
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| 63 | 76 | | (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 any of the following: |
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| 64 | 77 | | |
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| 65 | 78 | | (1) By mail. |
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| 66 | 79 | | |
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| 67 | 80 | | (2) By email. |
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| 68 | 81 | | |
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| 69 | 82 | | (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. |
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| 70 | 83 | | |
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| 71 | 84 | | (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. |
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| 72 | 85 | | |
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| 73 | 86 | | (f) Participation in the ALB program shall be voluntary. |
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| 74 | 87 | | |
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| 75 | 88 | | (g) Incarcerated people shall be able to update letters they submit to the ALB. Letters submitted to the ALB shall only be retained for purposes of providing them to the person to whom it is addressed. |
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| 76 | 89 | | |
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| 77 | 90 | | (h) Letters submitted to the ALB shall not be included in an incarcerated persons central file. |
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| 78 | 91 | | |
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| 79 | 92 | | (i) A letter submitted to the ALB, and a persons participation in or lack of participation in the ALB program, shall not be considered in a parole suitability decision. |
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| 80 | 93 | | |
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| 81 | 94 | | 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) The VOD program shall be administered and coordinated by the departments Office of Victim and Survivor Rights and Services and shall utilize nonprofit, community-based restorative justice organizations to facilitate the VOD processes.(d) Participation in the VOD program shall be voluntary. |
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| 82 | 95 | | |
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| 83 | 96 | | SEC. 2. Section 5035 is added to the Penal Code, to read: |
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| 84 | 97 | | |
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| 85 | 98 | | ### SEC. 2. |
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| 86 | 99 | | |
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| 87 | 100 | | 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) The VOD program shall be administered and coordinated by the departments Office of Victim and Survivor Rights and Services and shall utilize nonprofit, community-based restorative justice organizations to facilitate the VOD processes.(d) Participation in the VOD program shall be voluntary. |
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| 88 | 101 | | |
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| 89 | 102 | | 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) The VOD program shall be administered and coordinated by the departments Office of Victim and Survivor Rights and Services and shall utilize nonprofit, community-based restorative justice organizations to facilitate the VOD processes.(d) Participation in the VOD program shall be voluntary. |
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| 90 | 103 | | |
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| 91 | 104 | | 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) The VOD program shall be administered and coordinated by the departments Office of Victim and Survivor Rights and Services and shall utilize nonprofit, community-based restorative justice organizations to facilitate the VOD processes.(d) Participation in the VOD program shall be voluntary. |
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| 92 | 105 | | |
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| 93 | 106 | | |
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| 94 | 107 | | |
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| 95 | 108 | | 5035. (a) The department shall establish and maintain a Victim Offender Dialogue (VOD) program. |
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| 96 | 109 | | |
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| 97 | 110 | | (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. |
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| 98 | 111 | | |
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| 99 | 112 | | (c) The VOD program shall be administered and coordinated by the departments Office of Victim and Survivor Rights and Services and shall utilize nonprofit, community-based restorative justice organizations to facilitate the VOD processes. |
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| 100 | 113 | | |
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| 101 | 114 | | (d) Participation in the VOD program shall be voluntary. |
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