Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3303 Compare Versions

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22 HOUSE DOCKET, NO. 665 FILED ON: 1/10/2025
33 HOUSE . . . . . . . . . . . . . . . No. 3303
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Simon Cataldo and Sean Garballey
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act establishing an office of restorative justice.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Simon Cataldo14th Middlesex1/10/2025Sean Garballey23rd Middlesex1/10/2025Paul J. Donato35th Middlesex2/4/2025 1 of 4
1616 HOUSE DOCKET, NO. 665 FILED ON: 1/10/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 3303
1818 By Representatives Cataldo of Concord and Garballey of Arlington, a petition (accompanied by
1919 bill, House, No. 3303) of Simon Cataldo, Sean Garballey and Paul J. Donato for legislation to
2020 establish an office of restorative justice within the executive office for administration and finance
2121 to build restorative justice capacity in the Commonwealth. State Administration and Regulatory
2222 Oversight.
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act establishing an office of restorative justice.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Chapter 7 of the General Laws is hereby amended by adding the following
3232 2section:-
3333 3 Section 63. There shall be an office of restorative justice within the executive office for
3434 4administration and finance, subject to appropriation. The office shall be under the supervision
3535 5and control of a director who shall be appointed by the secretary of administration and finance.
3636 6The director shall be a person with substantial training and professional experience in restorative
3737 7justice and shall maintain complete impartiality with respect to the matters coming before the
3838 8office and devote their full time to the duties of the office.
3939 9 The office of restorative justice shall build restorative justice capacity across multiple
4040 10disciplines and serve as the primary administrative and funding entity for publicly sponsored
4141 11restorative justice initiatives in the commonwealth. The office shall be available to assist the 2 of 4
4242 12legislative, judicial and executive branches, counties, cities, towns, community organizations and
4343 13members of the public with developing and expanding restorative justice initiatives. The office
4444 14shall promote the implementation of chapter 276B of the General Laws and any other laws that
4545 15provide for the use of restorative justice.
4646 16 (a)For purposes of this section, the term “restorative justice” shall have the same meaning
4747 17as in section 1 of said chapter 276B and include restorative practices rooted in community values
4848 18and incorporating restorative principles. Restorative practices under this section shall include,
4949 19but not be limited to victim-offender conferences, family group conferences, circles, community
5050 20conferences and other similar victim-centered practices. Restorative practices may be used at any
5151 21point before, during and after court involvement, to prevent court involvement and to support the
5252 22healing of harm within communities.
5353 23 (b)The office, in collaboration with communities and government agencies and consistent
5454 24with restorative justice values, may: (i) design, develop, launch or fund restorative justice
5555 25programs; (ii) create standards and guidelines for best practices for administering, providing
5656 26training on and facilitating restorative justice programs operated or funded by the office; (iii)
5757 27conduct restorative justice educational programs and provide other technical assistance; (iv)
5858 28serve as a centralized repository for restorative justice resources; (v) establish policies and
5959 29procedures to effectuate the purposes of this section, including, but not limited to, provisions for
6060 30grant making, data collection, and evaluation of restorative justice programs operated or funded
6161 31by the office; and (vi) take other actions to promote restorative justice within local communities
6262 32and public entities of the commonwealth. 3 of 4
6363 33 (c) The director shall convene a statewide advisory committee to guide the office of
6464 34restorative justice in carrying out the purposes of this section. The statewide advisory committee
6565 35shall consist of not more than 18 members trained in restorative justice practices; provided, that
6666 36there shall be an equal number of government members and non-government community
6767 37members on the committee; provided further, that the government members shall be from the
6868 38legislative, judicial and executive branches and government-related statewide associations,
6969 39including, but not limited to, representatives of public safety, law enforcement, victim services,
7070 40health and human services, education, child welfare and legal agencies; and provided further,
7171 41that the non-government community members shall be representatives of indigenous
7272 42communities, survivors, formerly incarcerated, incarcerated populations, community-based
7373 43restorative justice programs and practitioners working with juveniles and adults in communities,
7474 44schools and criminal justice systems. Members of the committee shall be selected from diverse
7575 45ethnicities, races, religions, ages, sexual orientations, gender identities, socio-economic statuses,
7676 46differently abled, and geographical backgrounds from throughout the commonwealth. The
7777 47members of the committee shall receive no compensation for their services but shall be
7878 48reimbursed for any usual and customary expenses incurred in the performance of their duties.
7979 49 (d) The director may establish reasonable fees to be charged to public agencies for the
8080 50provision of restorative justice education, consultation or other services authorized under this
8181 51section, and may apply for and accept on behalf of the commonwealth any federal, local or
8282 52private grants, bequests, gifts or contributions to aid in the financing of any of the programs or
8383 53activities of the office. Fees, grants, bequests, gifts or contributions shall be received by the
8484 54office and deposited in a separate account and shall be expended, without further appropriation,
8585 55at the direction of the director for the cost of operating the office, including personnel, and for 4 of 4
8686 56programs funded by the office. The office may make agreements with public agencies and
8787 57officers and may contract with other persons, including private agencies, corporations or
8888 58associations, to carry out any of the functions and purposes of this section.
8989 59 (e) Annually, the office shall annually prepare a report on its activities, including all
9090 60income and expenditures, and file the report with the governor, the secretary of administration
9191 61and finance, the secretary of public safety and security, the secretary of health and human
9292 62services, the secretary of education, the chief justice of the supreme judicial court, the chief
9393 63justice of the trial court, the chairs of the house and senate committees on ways and means, and
9494 64the chairs of the joint committee on public safety and homeland security, the joint committee on
9595 65mental health, substance use and recovery, the joint committee on the judiciary and the joint
9696 66committee on education not later than December 31.