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2 | 2 | | HOUSE DOCKET, NO. 665 FILED ON: 1/10/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3303 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Simon Cataldo and Sean Garballey |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act establishing an office of restorative justice. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Simon Cataldo14th Middlesex1/10/2025Sean Garballey23rd Middlesex1/10/2025Paul J. Donato35th Middlesex2/4/2025 1 of 4 |
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16 | 16 | | HOUSE DOCKET, NO. 665 FILED ON: 1/10/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3303 |
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18 | 18 | | By Representatives Cataldo of Concord and Garballey of Arlington, a petition (accompanied by |
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19 | 19 | | bill, House, No. 3303) of Simon Cataldo, Sean Garballey and Paul J. Donato for legislation to |
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20 | 20 | | establish an office of restorative justice within the executive office for administration and finance |
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21 | 21 | | to build restorative justice capacity in the Commonwealth. State Administration and Regulatory |
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22 | 22 | | Oversight. |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act establishing an office of restorative justice. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Chapter 7 of the General Laws is hereby amended by adding the following |
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32 | 32 | | 2section:- |
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33 | 33 | | 3 Section 63. There shall be an office of restorative justice within the executive office for |
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34 | 34 | | 4administration and finance, subject to appropriation. The office shall be under the supervision |
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35 | 35 | | 5and control of a director who shall be appointed by the secretary of administration and finance. |
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36 | 36 | | 6The director shall be a person with substantial training and professional experience in restorative |
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37 | 37 | | 7justice and shall maintain complete impartiality with respect to the matters coming before the |
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38 | 38 | | 8office and devote their full time to the duties of the office. |
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39 | 39 | | 9 The office of restorative justice shall build restorative justice capacity across multiple |
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40 | 40 | | 10disciplines and serve as the primary administrative and funding entity for publicly sponsored |
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41 | 41 | | 11restorative justice initiatives in the commonwealth. The office shall be available to assist the 2 of 4 |
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42 | 42 | | 12legislative, judicial and executive branches, counties, cities, towns, community organizations and |
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43 | 43 | | 13members of the public with developing and expanding restorative justice initiatives. The office |
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44 | 44 | | 14shall promote the implementation of chapter 276B of the General Laws and any other laws that |
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45 | 45 | | 15provide for the use of restorative justice. |
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46 | 46 | | 16 (a)For purposes of this section, the term “restorative justice” shall have the same meaning |
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47 | 47 | | 17as in section 1 of said chapter 276B and include restorative practices rooted in community values |
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48 | 48 | | 18and incorporating restorative principles. Restorative practices under this section shall include, |
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49 | 49 | | 19but not be limited to victim-offender conferences, family group conferences, circles, community |
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50 | 50 | | 20conferences and other similar victim-centered practices. Restorative practices may be used at any |
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51 | 51 | | 21point before, during and after court involvement, to prevent court involvement and to support the |
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52 | 52 | | 22healing of harm within communities. |
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53 | 53 | | 23 (b)The office, in collaboration with communities and government agencies and consistent |
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54 | 54 | | 24with restorative justice values, may: (i) design, develop, launch or fund restorative justice |
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55 | 55 | | 25programs; (ii) create standards and guidelines for best practices for administering, providing |
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56 | 56 | | 26training on and facilitating restorative justice programs operated or funded by the office; (iii) |
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57 | 57 | | 27conduct restorative justice educational programs and provide other technical assistance; (iv) |
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58 | 58 | | 28serve as a centralized repository for restorative justice resources; (v) establish policies and |
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59 | 59 | | 29procedures to effectuate the purposes of this section, including, but not limited to, provisions for |
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60 | 60 | | 30grant making, data collection, and evaluation of restorative justice programs operated or funded |
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61 | 61 | | 31by the office; and (vi) take other actions to promote restorative justice within local communities |
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62 | 62 | | 32and public entities of the commonwealth. 3 of 4 |
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63 | 63 | | 33 (c) The director shall convene a statewide advisory committee to guide the office of |
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64 | 64 | | 34restorative justice in carrying out the purposes of this section. The statewide advisory committee |
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65 | 65 | | 35shall consist of not more than 18 members trained in restorative justice practices; provided, that |
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66 | 66 | | 36there shall be an equal number of government members and non-government community |
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67 | 67 | | 37members on the committee; provided further, that the government members shall be from the |
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68 | 68 | | 38legislative, judicial and executive branches and government-related statewide associations, |
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69 | 69 | | 39including, but not limited to, representatives of public safety, law enforcement, victim services, |
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70 | 70 | | 40health and human services, education, child welfare and legal agencies; and provided further, |
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71 | 71 | | 41that the non-government community members shall be representatives of indigenous |
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72 | 72 | | 42communities, survivors, formerly incarcerated, incarcerated populations, community-based |
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73 | 73 | | 43restorative justice programs and practitioners working with juveniles and adults in communities, |
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74 | 74 | | 44schools and criminal justice systems. Members of the committee shall be selected from diverse |
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75 | 75 | | 45ethnicities, races, religions, ages, sexual orientations, gender identities, socio-economic statuses, |
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76 | 76 | | 46differently abled, and geographical backgrounds from throughout the commonwealth. The |
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77 | 77 | | 47members of the committee shall receive no compensation for their services but shall be |
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78 | 78 | | 48reimbursed for any usual and customary expenses incurred in the performance of their duties. |
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79 | 79 | | 49 (d) The director may establish reasonable fees to be charged to public agencies for the |
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80 | 80 | | 50provision of restorative justice education, consultation or other services authorized under this |
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81 | 81 | | 51section, and may apply for and accept on behalf of the commonwealth any federal, local or |
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82 | 82 | | 52private grants, bequests, gifts or contributions to aid in the financing of any of the programs or |
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83 | 83 | | 53activities of the office. Fees, grants, bequests, gifts or contributions shall be received by the |
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84 | 84 | | 54office and deposited in a separate account and shall be expended, without further appropriation, |
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85 | 85 | | 55at the direction of the director for the cost of operating the office, including personnel, and for 4 of 4 |
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86 | 86 | | 56programs funded by the office. The office may make agreements with public agencies and |
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87 | 87 | | 57officers and may contract with other persons, including private agencies, corporations or |
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88 | 88 | | 58associations, to carry out any of the functions and purposes of this section. |
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89 | 89 | | 59 (e) Annually, the office shall annually prepare a report on its activities, including all |
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90 | 90 | | 60income and expenditures, and file the report with the governor, the secretary of administration |
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91 | 91 | | 61and finance, the secretary of public safety and security, the secretary of health and human |
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92 | 92 | | 62services, the secretary of education, the chief justice of the supreme judicial court, the chief |
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93 | 93 | | 63justice of the trial court, the chairs of the house and senate committees on ways and means, and |
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94 | 94 | | 64the chairs of the joint committee on public safety and homeland security, the joint committee on |
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95 | 95 | | 65mental health, substance use and recovery, the joint committee on the judiciary and the joint |
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96 | 96 | | 66committee on education not later than December 31. |
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