EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0850*
SENATE BILL 850
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By: Senator West
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Restorative Justice Program 2
FOR the purpose of establishing the Restorative Justice Program within the Victim 3
Services Unit of the Governor’s Office of Crime Prevention, Youth, and Victim 4
Services; establishing the position of Restorative Justice Legal Specialist, the 5
Restorative Justice Program Revolving Fund, and the Maryland Restorative Justice 6
Council; and generally relating to restorative justice. 7
BY adding to 8
Article – Correctional Services 9
Section 9–618 10
Annotated Code of Maryland 11
(2017 Replacement Volume and 2021 Supplement) 12
BY adding to 13
Article – Criminal Procedure 14
Section 11–502; and 11–1201 through 11–1206 to be under the new subtitle “Subtitle 15
12. Restorative Justice Program” 16
Annotated Code of Maryland 17
(2018 Replacement Volume and 2021 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Criminal Procedure 20
Section 11–914(9) 21
Annotated Code of Maryland 22
(2018 Replacement Volume and 2021 Supplement) 23
BY repealing and reenacting, without amendments, 24
Article – State Government 25
Section 9–3209(a) and (b)(1) 26
Annotated Code of Maryland 27 2 SENATE BILL 850
(2021 Replacement Volume) 1
BY repealing and reenacting, with amendments, 2
Article – State Government 3
Section 9–3209(b)(2) 4
Annotated Code of Maryland 5
(2021 Replacement Volume) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Correctional Services 9
9–618. 10
(A) (1) THE DEPARTMENT SHALL DEVE LOP POSTERS INFORMIN G AN 11
INMATE OF THE RIGHT TO PARTICI PATE IN THE RESTORATIVE JUSTICE PROGRAM 12
UNDER TITLE 11, SUBTITLE 12 OF THE CRIMINAL PROCEDURE ARTICLE. 13
(2) EACH CORRECTIONAL FAC ILITY SHALL PROMINEN TLY DISPLAY 14
THE POSTERS CREATED UNDER PARAGRAPH (1) OF THIS SUBSECTION . 15
(B) EACH CORRECTIONAL FACILIT Y SHALL IMPLEMENT ST ANDARDS SET BY 16
THE MARYLAND RESTORATIVE JUSTICE COUNCIL TO FACILITATE AN INMATE’S 17
PARTICIPATION IN THE RESTORATIVE JUSTICE PROGRAM. 18
Article – Criminal Procedure 19
11–502. 20
FOLLOWING CONVICTION OR ADJUDICATION AND SENTENCING OF A 21
DEFENDANT , OR DISPOSITION OF A CASE INVOLVING A CHI LD RESPONDENT , THE 22
STATE’S ATTORNEY SHALL : 23
(1) NOTIFY THE VICTIM OR THE VICTIM’S REPRESENTATIVE OF THE 24
VICTIM’S RIGHT TO PARTICIPA TE IN THE RESTORATIVE JUSTICE PROGRAM UNDER 25
SUBTITLE 12 OF THIS TITLE; AND 26
(2) PROVIDE THE VICTIM O R THE VICTIM’S REPRESENTATIVE WIT H 27
THE INFORMATION DEVE LOPED UNDER § 11–914(9) OF THIS TITLE REGARD ING HOW 28
TO REQUEST PARTICIPA TION IN THE RESTORATIVE JUSTICE PROGRAM. 29
11–914. 30
Subject to the authority of the Executive Director, the Board shall: 31 SENATE BILL 850 3
(9) (i) develop pamphlets to notify victims and victim’s representatives 1
of the rights, services, and procedures provided under Article 47 of the Maryland 2
Declaration of Rights or State law, how to request information regarding an unsolved case, 3
[and] how to request that an offender be placed on electronic monitoring or electronic 4
monitoring with victim stay–away alert technology, AND HOW TO REQUEST 5
PARTICIPATION IN THE RESTORATIVE JUSTICE PROGRAM UNDER SUBTITLE 12 OF 6
THIS TITLE, including: 7
1. one pamphlet relating to the MDEC system protocol 8
registration process and the time before and after the filing of a charging document other 9
than an indictment or information in circuit court; and 10
2. a second pamphlet relating to the time after the filing of 11
an indictment or information in circuit court; and 12
(ii) develop a poster to notify victims of the right to request a private 13
room in a law enforcement agency or unit to report crimes under Title 3 of the Criminal 14
Law Article; and 15
SUBTITLE 12. RESTORATIVE JUSTICE PROGRAM. 16
11–1201. 17
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
(B) “COUNCIL” MEANS THE MARYLAND RESTORATIVE JUSTICE COUNCIL. 20
(C) “MDEC” MEANS THE MARYLAND ELECTRONIC COURTS SYSTEM. 21
(D) “OFFENDER” MEANS AN INDIVIDUAL : 22
(1) CHARGED WITH OR FOUN D GUILTY OF A CRIME ; OR 23
(2) ALLEGED TO HAVE COMM ITTED OR FOUND TO HA VE COMMITTED 24
A DELINQUENT ACT . 25
(E) “OFFENSE” MEANS: 26
(1) A CHARGE LISTED IN A CHARGING DOCUMENT IN A CRIMINAL 27
CASE; OR 28
(2) A CHARGE LISTED IN A PETITION ALLEGING A DELINQUENT ACT . 29 4 SENATE BILL 850
(F) “PROGRAM” MEANS THE RESTORATIVE JUSTICE PROGRAM 1
ESTABLISHED UNDER § 11–1203 OF THIS SUBTITLE . 2
(G) “TRAUMA–INFORMED METHODOLOGY ” MEANS A METHODOLOGY : 3
(1) BASED ON A N UNDERSTANDING OF A ND A RESPONSIVENESS TO 4
THE IMPACT OF TRAUMA ON AN INDIVIDUAL ; 5
(2) THAT EMPHASIZES THE PHYSICAL, PSYCHOLOGICAL , AND 6
EMOTIONAL SAFETY OF PARTIES; AND 7
(3) THAT CREATES AN OPPO RTUNITY FOR AN INDIV IDUAL TO 8
REBUILD A SENSE OF C ONTROL AN D EMPOWERMENT . 9
(H) (1) “VICTIM” INCLUDES A VICTIM ’S REPRESENTATIVE AS DEFINED 10
UNDER § 11–401 OF THIS TITLE. 11
(2) “VICTIM” DOES NOT INCLUDE AN OFFENDER OR AN INDIV IDUAL 12
WHO ADVOCATES FOR AN OFFENDER. 13
(I) “VICTIM SERVICES UNIT” MEANS THE VICTIM SERVICES UNIT WITHIN 14
THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES 15
ESTABLISHED UNDER § 11–1102 OF THIS TITLE. 16
11–1202. 17
(A) THE PURPOSE OF THIS S UBTITLE IS TO: 18
(1) AMELIORATE THE HARMF UL EFFECTS OF OFFENS ES ON A VICTIM 19
IN A MANNER THAT TREATS THE VICT IM WITH DIGNITY, RESPECT, AND SENSITIVITY; 20
(2) ADDRESS THE RATES OF INCARCERATION AND CO MMITMENT OF 21
OFFENDERS; 22
(3) REINFORCE THAT : 23
(I) WHILE THE STATE IS A PARTY IN M ATTERS OF THE JUSTIC E 24
SYSTEM AND A VICTIM IS NOT A PARTY, A VICTIM HAS BEEN HARM ED BY AN OFFENSE 25
AND THE VICTIM HAS P ARTICIPATORY RIGHTS IN THE JUSTICE SYSTE M UNDER THE 26
CONSTITUTION AND LAWS OF THE STATE; 27
(II) A VICTIM HAS A CRITI CAL NEED FOR ACKNOWL EDGMENT, 28 SENATE BILL 850 5
INFORMATION , PRIVACY, SAFETY, RESTITUTION, AND INVOLVEMENT IN MATTERS OF 1
THE JUSTICE SYSTEM ; 2
(III) THERE IS A NEED TO C REATE MEANINGFUL CHA NGE IN AN 3
OFFENDER AND THAT AL TERNATIVE OPTIONS AR E NEEDED TO IMPACT R ATES OF 4
RECIDIVISM; 5
(IV) THERE IS A NEED TO F OCUS ON THE HARM TO A VICTIM AS 6
WELL AS THE NEE DS OF AN OFFENDER AN D OF AFFECTED COMMUN ITIES BY USING 7
TRAUMA–INFORMED METHODOLOGI ES; 8
(V) THERE IS A NEED FOR AN OFFENDER AND COMM UNITIES TO 9
ACKNOWLEDGE AND TO M AKE A VICTIM AS WHOL E AS POSSIBLE TO MAK E RIGHT THE 10
HARM THAT HAS OCCURR ED TO THE VICTIM; 11
(VI) DEVELOPING AN INCLUS IVE PROCESS THAT INV OLVES 12
VICTIMS AND OFFENDER S CREATES AN OPPORTU NITY FOR BETTER JUST ICE FOR 13
ALL; AND 14
(VII) RESTORATIVE JUSTICE AS A PRACTICE AND AS A POLICY 15
SOLUTION IS UNIQUELY SITUATED TO ADDRESS ISSUES IN THE JUSTIC E SYSTEM AS 16
IT ATTEMPTS TO REPAI R THE HARM CAUSED TO THE VICTIM AND ENCOU RAGES 17
BEHAVIORAL CHANGE IN OFFENDERS; 18
(4) CREATE A VICTIM –CENTERED APPROACH OF RESTORATIVE 19
JUSTICE THAT SEEKS A ND OBTAINS POSITIVE OUTCOMES FOR VICTIMS , OFFENDERS, 20
AND COMMUNITIES ; 21
(5) DEVELOP A RESTORATIV E JUSTICE APPROACH A S AN OPTION FOR 22
APPROPRIATE MATTERS OF THE JUSTICE SYSTE M THAT ENSURES THE B ALANCING 23
OF: 24
(I) PUBLIC SAFETY AND TH E PROTECTION OF THE COMMUNITY ; 25
(II) ACCOUNTABILITY OF AN OFFENDER TO A VICTIM AND THE 26
COMMUNITY FOR AN OFF ENSE COMMITTED ; 27
(III) ACKNOWLEDGEMENT BY A N OFFENDER OF THE HA RM 28
CAUSED TO A VICTIM A ND REPAIRING THAT HA RM TO THE EXTENT POS SIBLE; AND 29
(IV) UNDERSTANDING BY AN OFFENDER OF THE HARM CAUSED 30
AS A MEANS OF PROVID ING MEANINGFUL CHAN GE IN THE BEHAVIOR O F THE 31
OFFENDER TO PREVENT RECIDIVISM; AND 32 6 SENATE BILL 850
(6) DEVELOP A POSTADJUDI CATORY RESTORATIVE J USTICE 1
APPROACH THAT ADDRES SES THE NEED OF A VI CTIM FOR ACKNOWLEDGM ENT, 2
INFORMATION , PRIVACY, SAFETY, AND INVOLVEMENT IN M ATTERS OF THE JUSTIC E 3
SYSTEM. 4
(B) THIS SUBTITLE SHALL B E LIBERALLY CONSTRUE D TO EFFECTUATE THE 5
PURPOSE SET FORTH IN SUBSECTION (A) OF THIS SECTION. 6
11–1203. 7
(A) (1) THERE IS A RESTORATIVE JUSTICE PROGRAM WITHIN THE 8
VICTIM SERVICES UNIT. 9
(2) THE PROGRAM SHALL CARRY O UT THE PURPOSES DESCRIBED I N 10
§ 11–1202 OF THIS SUBTITLE. 11
(B) (1) (I) A VICTIM MAY REQUEST P ARTICIPATION IN THE PROGRAM 12
THROUGH THE VICTIM SERVICES UNIT. 13
(II) AN OFFENDER MAY REQUE ST PARTICIPATION IN THE 14
PROGRAM THROUGH THE O FFENDER’S CASE MANAGER . 15
(2) ALL REQUESTS FOR PART ICIPATION IN THE PROGRAM SHALL BE 16
FORWARDED TO THE RESTORATIVE JUSTICE LEGAL SPECIALIST. 17
(3) IF ONLY ONE PARTY HAS REQUESTED TO PARTICI PATE IN THE 18
PROGRAM, THE RESTORATIVE JUSTICE LEGAL SPECIALIST SHALL PROV IDE 19
NOTICE TO THE OTHER PARTY STATING THAT : 20
(I) THERE IS A RESTORATIVE JUSTICE PROGRAM AVAILABLE ; 21
(II) PARTICIPATION IN THE PROGRAM HAS BEEN REQU ESTED 22
BY THE REQUESTING PA RTY; 23
(III) PARTICIPATION IN THE PROGRAM IS VOLUNTARY AND 24
CONFIDENTIAL AND MAY NOT BE MANDATED BY ANY COURT OR AGENCY ; AND 25
(IV) A PARTY MAY NOT BE C OERCED INTO PARTICIP ATING IN 26
THE PROGRAM AND WILL NOT FACE ANY PUNITIVE AC TION FOR 27
NON–PARTICIPATION . 28
(4) IF A PARTY DECLINES P ARTICIPATION IN THE PROGRAM, THE 29 SENATE BILL 850 7
REQUESTING PARTY MAY BE PLACED IN AN ALTERNATIVE RESTORAT IVE JUSTICE 1
PROCESS DEVELOPED BY THE COUNCIL. 2
(5) IF BOTH PARTIES AGREE TO PARTICIPATE IN TH E PROGRAM, THE 3
RESTORATIVE JUSTICE LEGAL SPECIALIST SHALL : 4
(I) ASSIGN A FACILITATOR OR FACILITATING ORGA NIZATION; 5
AND 6
(II) CREATE A CONFIDENTIAL FILE IN MDEC CONTAINING THE 7
NAMES OF THE ASSIGNE D FACILITATOR OR FAC ILITATING ORGANIZATI ON, THE 8
VICTIM, AND THE OFFENDER . 9
(6) IN ACCORDANCE WITH TH E STANDARDS SET FORT H UNDER 10
MARYLAND RULE 17–105, INFORMATION SHARED B Y A VICTIM OR AN OFF ENDER 11
DURING PARTICIPATION IN THE PROGRAM IS PRIVILEGED , CONFIDENTIAL , AND 12
INADMISSIBLE IN ANY JUDICIAL, ADMINISTRATIVE , OR OTHER PROCEEDING . 13
(7) AFTER PROPER EVALUATI ON, A FACILITATOR OR FAC ILITATING 14
ORGANIZATION MAY DEC LINE A REQUEST FOR PROGRAM PARTI CIPATION IF, IN THE 15
FACILITATOR’S OR FACILITATING OR GANIZATION’S DISCRETION, PARTICIPATION IN 16
THE PROGRAM WOULD NOT BE APPROPRIATE . 17
(C) (1) WHEN APPROPRIATE , THE FACILITATOR OR F ACILITATING 18
ORGANIZATION MAY BRI NG THE VICTIM AND TH E OFFENDER TOGETHER , WHILE 19
ENSURING THE SAFETY OF THE VICTIM AND IN A MANNER CONSISTENT WITH 20
TRAUMA–INFORMED METHODOLOGI ES AND THE RESTORATI VE JUSTICE PURPOSE 21
OF THIS SUBTITLE, IN AN ATTEMPT TO FAC ILITATE PROGRAM PARTICIPATION . 22
(2) THE FACILITATOR OR FA CILITATING ORGANIZAT ION SHALL: 23
(I) ACT IN COMPLIANCE WI TH THE GUIDELINES FO R 24
FACILITATION AND TRA INING IN TRAUMA–INFORMED VICTIM –OFFENDER DIALOGUE 25
SET BY THE COUNCIL; 26
(II) WHEN ENGAGED IN REST ORATIVE JUSTICE PROG RAMMING, 27
INFORM THE VICTIM AN D THE OFFENDER THAT : 28
1. THE FACILITATOR REPR ESENTS NEITHER THE V ICTIM 29
NOR THE OFFENDER ; 30
2. PARTICIPATION IN THE PROGRAM IS CONFIDENTI AL 31
AND CANNOT BE USED I N ANY LEGAL OR ADJUD ICATIVE PROCESS , INCLUDING ANY 32 8 SENATE BILL 850
LEGAL PROCEEDING , HEARING, OR OTHER ACTION ; 1
3. NO ATTORNEY –CLIENT RELATIONSHIP IS C REATED 2
BETWEEN THE FACILITA TOR AND EITHER PARTY AND THAT INFORMATION GIVEN BY 3
THE FACILITATOR IS N OT LEGAL ADVICE ; AND 4
4. EITHER PARTY MAY WIT HDRAW THEIR 5
PARTICIPATION IN THE PROCESS AT ANY TIME WITHOUT CONSEQUENCE ; AND 6
(III) SUBMIT REGULAR REPORT S TO THE RESTORATIVE JUSTICE 7
LEGAL SPECIALIST AS REQUIRE D BY THE COUNCIL, WHICH MAY INCLUDE : 8
1. THE NUMBER , GENDER, RACE, AND AGE OF 9
PARTICIPANTS; 10
2. WHETHER THE PROGRAM WAS SUCCESSFU LLY 11
COMPLETED ; AND 12
3. ANY OTHER NONCON FIDENTIAL INFORMATIO N. 13
(D) (1) ON REQUEST OF THE FAC ILITATOR OR FACILITA TING 14
ORGANIZATION , THE PROSECUTING ATTO RNEY, THE VICTIM SERVICES UNIT, 15
COUNSEL FOR THE OFFE NDER, COUNSEL FOR THE VICT IM, AND THE COURT MAY 16
PROVIDE THE FACILITA TOR OR FACILITATING ORGANIZATION WITH INFOR MATION 17
THAT MAY BE HELPFUL TO FACILITATE THE PR OCESS. 18
(2) ON REQUEST OF THE FAC ILITATOR OR FACILITA TING 19
ORGANIZATION , THE CLERK OF THE COU RT SHALL PROVIDE THE FACILITATOR OR 20
FACILITATING ORGANIZ ATION ACCESS TO ALL MATERIALS IN A CAS E FILE AT NO 21
COST. 22
(3) THE FACILITATOR OR FA CILITATING ORGANIZAT ION MAY 23
REQUEST OTHER MATERI ALS TO FACILITATE TH E PROCESS. 24
11–1204. 25
(A) THERE IS A POSITION O F RESTORATIVE JUSTICE LEGAL SPECIALIST 26
WITHIN THE VICTIM SERVICES UNIT. 27
(B) THE DUTIES OF THE RESTORATIVE JUSTICE LEGAL SPECIALIST 28
INCLUDE ENSURING THE COMPLIANCE OF THE PR OGRAM WITH ALL APPLI CABLE 29
LAWS, REGULATIONS , AND ESTABLISHED POLI CIES. 30
SENATE BILL 850 9
(C) THE RESTORATIVE JUSTICE LEGAL SPECIALIST SHALL HAVE 1
KNOWLEDGE OF RESTORA TIVE JUSTICE PRACTICES. 2
(D) THE RESTORATIVE JUSTICE LEGAL SPECIALIST MAY FACILI TATE 3
PARTNERSHIPS BETWEEN STATE AGENCIES AND RE STORATIVE JUSTICE 4
ORGANIZATIONS IN ORD ER TO PROVIDE RESTOR ATIVE JUSTICE SERVIC ES. 5
(E) THE RESTORATIVE JUSTICE LEGAL SPECIALIST IS RESP ONSIBLE FOR 6
THE MANAGEMENT OF TH E PROGRAM WITHIN MDEC. 7
11–1205. 8
(A) IN THIS SECTION , “FUND” MEANS THE RESTORATIVE JUSTICE 9
PROGRAM REVOLVING FUND. 10
(B) THERE IS A RESTORATIVE JUSTICE PROGRAM REVOLVING FUND. 11
(C) THE PURPOSE OF THE FUND IS TO CARRY OUT THE PROVISIONS OF TH IS 12
TITLE. 13
(D) THE VICTIM SERVICES UNIT SHALL ADMINISTER THE FUND. 14
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 15
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 16
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 17
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 18
(F) THE FUND CONSISTS OF : 19
(1) REVENUE DISTRIBUTED TO THE FUND FROM RESTITUTION 20
PAYMENTS BY AN OFFEN DER; 21
(2) FEDERAL FUNDS RECEIV ED BY THE STATE FOR THE PURPOSE S OF 22
THIS SUBTITLE; AND 23
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 24
THE BENEFIT OF THE FUND. 25
(G) THE FUND MAY BE USED ONLY FOR COSTS AND ADMINI STRATIVE 26
EXPENSES ASSOCIATED WITH THE POSITION OF RESTORATIVE JUSTICE LEGAL 27
SPECIALIST UNDER THIS SUBTITLE. 28
10 SENATE BILL 850
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 1
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 2
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 3
THE GENERAL FUND OF THE STATE. 4
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 5
WITH THE STATE BUDGET . 6
(J) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 7
AUDITS AS PROVIDED IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 8
Article – State Government 9
9–3209. 10
(a) There is a Performance Incentive Grant Fund. 11
(b) (1) The purpose of the Fund is to make use of the savings from the 12
implementation of the recommendations of the Justice Reinvestment Coordinating Council. 13
(2) Subject to paragraph (3) of this subsection, the Board may recommend 14
to the Executive Director that grants be made to: 15
(i) ensure that the rights of crime victims are protected and 16
enhanced; 17
(ii) provide for pretrial risk assessments; 18
(iii) provide for services to reduce pretrial detention; 19
(iv) provide for diversion programs, including mediation and 20
restorative justice programs; 21
(v) provide for recidivism reduction programming; 22
(vi) provide for evidence–based practices and policies; 23
(vii) provide for specialty courts; 24
(viii) provide for reentry programs; 25
(ix) provide for substance use disorder and community mental health 26
service programs; [and] 27
(X) PROVIDE FOR RESTORAT IVE JUSTICE PROGRAMS ; AND 28 SENATE BILL 850 11
[(x)] (XI) provide for any other program or service that will further 1
the purposes established in paragraph (1) of this subsection. 2
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 3
as follows: 4
Article – Criminal Procedure 5
11–1206. 6
(A) THERE IS A MARYLAND RESTORATIVE JUSTICE COUNCIL WITHIN THE 7
GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES. 8
(B) THE COUNCIL CONSISTS OF T HE FOLLOWING MEMBERS : 9
(1) THE ATTORNEY GENERAL OF MARYLAND, OR THE ATTORNEY 10
GENERAL’S DESIGNEE; 11
(2) THE SECRETARY OF PUBLIC SAFETY AND CORRECTIONAL 12
SERVICES, OR THE SECRETARY’S DESIGNEE; 13
(3) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 14
PRESIDENT OF THE SENATE; 15
(4) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 16
SPEAKER OF THE HOUSE; 17
(5) THE FOLLOWING MEMBER S, APPOINTED BY THE GOVERNOR: 18
(I) FOUR REPRESENTATIVES OF RESTORATIVE JUSTI CE 19
ADVOCACY ORGANIZATIO NS, INCLUDING ONE MEMBER OF THE MARYLAND 20
ALTERNATIVE CONFLICT RESOLUTION OFFICE; 21
(II) ONE REPRESENTATIVE O F THE MARYLAND STATE’S 22
ATTORNEYS’ ASSOCIATION; 23
(III) ONE MENTAL HEALTH PR ACTITIONER; 24
(IV) ONE VICTIM; AND 25
(V) ONE OFFENDER . 26
(C) (1) THE COUNCIL IS RESPONSIBL E FOR: 27 12 SENATE BILL 850
(I) DEVELOPING STANDARDS , POLICIES, AND PROCEDURES 1
FOR THE PROGRAM; 2
(II) DEVELOPING , IN CONSULTATION WITH THE RESTORATIVE 3
JUSTICE LEGAL SPECIALIST AND OTHER RELEVANT AUTHORITIES, RESTORATIVE 4
JUSTICE STANDARDS , POLICIES, TRAINING REQUIREMENT S, AND CERTIFICATIONS 5
FOR FACILITATORS , INCLUDING: 6
1. TRAINING IN CURRENT DISTRICT COURT OF 7
MARYLAND ALTERNATIVE DISPUTE RESOLUTION OFFICE ETHICS STANDAR DS; AND 8
2. TRAINING IN TRAUMA–INFORMED VICTIM –OFFENDER 9
DIALOGUE; AND 10
(III) CREATING PROGRAM REP ORTING REQUIREMENTS . 11
(2) THE COUNCIL MAY CREATE AL TERNATIVE RESTORATIV E JUSTICE 12
TRAINING TO INCLUDE DIRECTLY IMPACTED VI CTIM–OFFENDER DIALOGUE OR 13
VICTIM RECONCILIATIO N PROGRAMMING WITH NONDIREC T VICTIMS. 14
(D) ON OR BEFORE DECEMBER 1, 2023, AND EACH DECEMBER 1 15
THEREAFTER , THE COUNCIL, IN COORDINATION WITH THE RESTORATIVE JUSTICE 16
LEGAL SPECIALIST, SHALL SUBMIT A REPOR T ON THE STATUS OF T HE PROGRAM TO 17
THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 18
ARTICLE, THE GENERAL ASSEMBLY. 19
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2022. Section 2 of this Act shall remain effective for a period of 5 years and, at 21
the end of September 30, 2027, Section 2 of this Act, with no further action required by the 22
General Assembly, shall be abrogated and of no further force and effect. 23