Maryland 2023 Regular Session

Maryland Senate Bill SB27 Latest Draft

Bill / Introduced Version Filed 01/10/2023

                             
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *sb0027*  
  
SENATE BILL 27 
E2   	3lr0885 
  	(PRE–FILED)   
By: Senator West 
Requested: November 18, 2022 
Introduced and read first time: January 11, 2023 
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 2022 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 2022 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 2022 Supplement) 23 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24 
That the Laws of Maryland read as follows: 25 
  2 	SENATE BILL 27  
 
 
Article – Correctional Services 1 
 
9–618. 2 
 
 (A) (1) THE DEPARTMENT SHALL DEVE LOP POSTERS INFORMIN G AN 3 
INMATE OF THE RIGHT TO PARTICIPATE IN TH E RESTORATIVE JUSTICE PROGRAM 4 
UNDER TITLE 11, SUBTITLE 12 OF THE CRIMINAL PROCEDURE ARTICLE.  5 
 
 (2) EACH CORRECTIONAL FAC ILITY SHALL PROMINEN TLY DISPLAY 6 
THE POSTERS CREATED UNDER PARAGRAPH (1) OF THIS SUBSECTION .  7 
 
 (B) EACH CORRECTIONAL FAC ILITY SHALL IMPLEMEN T STANDARDS SET BY 8 
THE MARYLAND RESTORATIVE JUSTICE COUNCIL TO FACILITATE AN INMATE’S 9 
PARTICIPATION IN THE RESTORATIVE JUSTICE PROGRAM.  10 
 
Article – Criminal Procedure 11 
 
11–502.  12 
 
 FOLLOWING CONVICTION OR ADJUDICATION AND SENTENCING OF A 13 
DEFENDANT , OR DISPOSITION OF A CASE INVOLVING A CHI LD RESPONDENT , THE 14 
STATE’S ATTORNEY SHALL : 15 
 
 (1) NOTIFY THE VIC TIM OR THE VICTIM ’S REPRESENTATIVE OF THE 16 
VICTIM’S RIGHT TO PARTICIPA TE IN THE RESTORATIVE JUSTICE PROGRAM UNDER 17 
SUBTITLE 12 OF THIS TITLE; AND  18 
 
 (2) PROVIDE THE VICTIM O R THE VICTIM’S REPRESENTATIVE WIT H 19 
THE INFORMATION DEVE LOPED UNDER § 11–914(9) OF THIS TITLE REGARDING H OW 20 
TO REQUEST PARTICIPA TION IN THE RESTORATIVE JUSTICE PROGRAM.  21 
 
11–914. 22 
 
 Subject to the authority of the Executive Director, the Board shall: 23 
 
 (9) (i) develop pamphlets to notify victims and victim’s representatives 24 
of the rights, services, and procedures provided under Article 47 of the Maryland 25 
Declaration of Rights or State law, how to request information regarding an unsolved case, 26 
[and] how to request that an offender be placed on electronic monitoring or electronic 27 
monitoring with victim stay–away alert technology, AND HOW TO REQUEST 28 
PARTICIPATION IN THE RESTORATIVE JUSTICE PROGRAM UNDER SUBTITLE 12 OF 29 
THIS TITLE, including: 30 
 
 1. one pamphlet relating to the MDEC system protocol 31   	SENATE BILL 27 	3 
 
 
registration process and the time before and after the filing of a charging document other 1 
than an indictment or information in circuit court; and 2 
 
 2. a second pamphlet relating to the time after the filing of 3 
an indictment or information in circuit court; and 4 
 
 (ii) develop a poster to notify victims of the right to request a private 5 
room in a law enforcement agency or unit to report crimes under Title 3 of the Criminal 6 
Law Article; and 7 
 
SUBTITLE 12. RESTORATIVE JUSTICE PROGRAM. 8 
 
11–1201. 9 
 
 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEAN INGS 10 
INDICATED. 11 
 
 (B) “COUNCIL” MEANS THE MARYLAND RESTORATIVE JUSTICE COUNCIL. 12 
 
 (C) “MDEC” MEANS THE MARYLAND ELECTRONIC COURTS SYSTEM. 13 
 
 (D) “OFFENDER” MEANS AN INDIVIDUAL : 14 
 
 (1) CHARGED WITH OR FOUN D GUILTY OF A CRIME ; OR 15 
 
 (2) ALLEGED TO HAVE COMM ITTED OR FOUND TO HAVE COMMITTED 16 
A DELINQUENT ACT . 17 
 
 (E) “OFFENSE” MEANS: 18 
 
 (1) A CHARGE LISTED IN A CHARGING DOCUMENT IN A CRIMINAL 19 
CASE; OR 20 
 
 (2) A CHARGE LISTED IN A PETITION ALLEGING A DELINQUENT ACT . 21 
 
 (F) “PROGRAM” MEANS THE RESTORATIVE JUSTICE PROGRAM 22 
ESTABLISHED UNDER § 11–1203 OF THIS SUBTITLE . 23 
 
 (G) “TRAUMA–INFORMED METHODOLOGY ” MEANS A METHODOLOGY : 24 
 
 (1) BASED ON AN UNDERSTA NDING OF AND A RESPO NSIVENESS TO 25 
THE IMPACT OF TRAUMA ON AN INDIVIDUAL ; 26 
 
 (2) THAT EMPHASIZES THE PHYSICAL, PSYCHOLOG ICAL, AND 27  4 	SENATE BILL 27  
 
 
EMOTIONAL SAFETY OF PARTIES; AND 1 
 
 (3) THAT CREATES AN OPPO RTUNITY FOR AN INDIV IDUAL TO 2 
REBUILD A SENSE OF C ONTROL AND EMPOWERME NT. 3 
 
 (H) (1) “VICTIM” INCLUDES A VICTIM ’S REPRESENTATIVE AS DEFINED 4 
UNDER § 11–401 OF THIS TITLE. 5 
 
 (2) “VICTIM” DOES NOT INCLUDE AN OF FENDER OR AN INDIVID UAL 6 
WHO ADVOCATES FOR AN OFFENDER. 7 
 
 (I) “VICTIM SERVICES UNIT” MEANS THE VICTIM SERVICES UNIT WITHIN 8 
THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES 9 
ESTABLISHED UNDER § 11–1102 OF THIS TITLE. 10 
 
11–1202. 11 
 
 (A) THE PURPOSE OF THIS S UBTITLE IS TO: 12 
 
 (1) AMELIORATE THE HARMF UL EFFECTS OF OFFENS ES ON A VICTIM 13 
IN A MANNER THAT TRE ATS THE VICTIM WITH DIGNITY, RESPECT, AND SENSITIVITY; 14 
 
 (2) ADDRESS THE RATES OF INCARCERATION AND CO MMITMENT OF 15 
OFFENDER S; 16 
 
 (3) REINFORCE THAT : 17 
 
 (I) WHILE THE STATE IS A PARTY IN M ATTERS OF THE JUSTIC E 18 
SYSTEM AND A VICTIM IS NOT A PARTY, A VICTIM HAS BEEN HA RMED BY AN OFFENSE 19 
AND THE VICTIM HAS P ARTICIPATORY RIGHTS IN THE JUSTICE SYSTE M UNDER THE 20 
CONSTITUTION AND LAWS OF THE STATE; 21 
 
 (II) A VICTIM HAS A CRITI CAL NEED FOR ACKNOWL EDGMENT, 22 
INFORMATION , PRIVACY, SAFETY, RESTITUTION, AND INVOLVEMENT IN M ATTERS OF 23 
THE JUSTICE SYSTEM ; 24 
 
 (III) THERE IS A NEED TO C REATE MEANINGFUL CHA NGE IN AN 25 
OFFENDER AND THAT AL TERNATIVE O PTIONS ARE NEEDED TO IMPACT RATES OF 26 
RECIDIVISM; 27 
 
 (IV) THERE IS A NEED TO F OCUS ON THE HARM TO A VICTIM AS 28 
WELL AS THE NEEDS OF AN OFFENDER AND OF A FFECTED COMMUNITIES BY USING 29 
TRAUMA–INFORMED METHODOLOGI ES; 30   	SENATE BILL 27 	5 
 
 
 
 (V) THERE IS A NEED FOR AN OFFENDER AND C OMMUNITIES TO 1 
ACKNOWLEDGE AND TO M AKE A VICTIM AS WHOL E AS POSSIBLE TO MAK E RIGHT THE 2 
HARM THAT HAS OCCURR ED TO THE VICTIM; 3 
 
 (VI) DEVELOPING AN INCLUS IVE PROCESS THAT INV OLVES 4 
VICTIMS AND OFFENDER S CREATES AN OPPORTU NITY FOR BETTER JUST ICE FOR 5 
ALL; AND 6 
 
 (VII) RESTORATIVE JUSTICE AS A PRACTICE AND AS A POLICY 7 
SOLUTION IS UNIQUELY SITUATED TO ADDRESS ISSUES IN THE JUSTIC E SYSTEM AS 8 
IT ATTEMPTS TO REPAI R THE HARM CAUSED TO THE VICTIM AND ENCOU RAGES 9 
BEHAVIORAL CHANGE IN OFFENDERS; 10 
 
 (4) CREATE A VICTIM –CENTERED APPROACH OF RESTORATIVE 11 
JUSTICE THAT SEEKS A ND OBTAINS POSITIVE OUTCOMES FOR VICTIMS , OFFENDERS, 12 
AND COMMUNITIES ; 13 
 
 (5) DEVELOP A RESTORATIV E JUSTICE APPROACH A S AN OPTION FOR 14 
APPROPRIATE MATTERS OF THE JUSTICE SYSTE M THAT ENSURES THE B ALANCING 15 
OF: 16 
 
 (I) PUBLIC SAFETY AND TH E PROTECTION OF THE COMMUNITY ; 17 
 
 (II) ACCOUNTABILITY OF AN OFFENDER TO A VICTIM AND THE 18 
COMMUNITY FOR AN OFF ENSE COMMITTED ; 19 
 
 (III) ACKNOWLEDGMENT BY AN OFFENDER OF THE HARM 20 
CAUSED TO A VICTIM A ND REPAIRING THAT HA RM TO THE EXTENT POSSIBLE ; AND 21 
 
 (IV) UNDERSTANDING BY AN OFFENDER OF THE HARM CAUSED 22 
AS A MEANS OF PROVID ING MEANINGFUL CHANG E IN THE BEHAVIOR OF THE 23 
OFFENDER TO PREVENT RECIDIVISM; AND 24 
 
 (6) DEVELOP A POSTADJUDI CATORY RESTORATIVE J USTICE 25 
APPROACH THAT ADDRES SES THE NEED OF A VIC TIM FOR ACKNOWLEDGME NT, 26 
INFORMATION , PRIVACY, SAFETY, AND INVOLVEMENT IN M ATTERS OF THE JUSTIC E 27 
SYSTEM. 28 
 
 (B) THIS SUBTITLE SHALL B E LIBERALLY CONSTRUE D TO EFFECTUATE THE 29 
PURPOSE SET FORTH IN SUBSECTION (A) OF THIS SECTION. 30 
 
11–1203. 31  6 	SENATE BILL 27  
 
 
 
 (A) (1) THERE IS A RESTORATIVE JUSTICE PROGRAM WITHIN THE 1 
VICTIM SERVICES UNIT. 2 
 
 (2) THE PROGRAM SHALL CARRY O UT THE PURPOSES DESC RIBED IN 3 
§ 11–1202 OF THIS SUBTITLE. 4 
 
 (B) (1) (I) A VICTIM MAY REQUEST P ARTICIPATION IN THE PROGRAM 5 
THROUGH THE VICTIM SERVICES UNIT. 6 
 
 (II) AN OFFENDER MAY REQUE ST PARTICIPATION IN THE 7 
PROGRAM THROUGH THE O FFENDER’S CASE MANAGER .  8 
 
 (2) ALL REQUESTS FOR PART ICIPATION IN THE PROGRAM SHALL BE 9 
FORWARDED TO THE RESTORATIVE JUSTICE LEGAL SPECIALIST. 10 
 
 (3) IF ONLY ONE PARTY HAS REQUESTED TO PARTICI PATE IN THE 11 
PROGRAM, THE RESTORATIVE JUSTICE LEGAL SPECIALIST SHALL PROV IDE 12 
NOTICE TO THE OTHER PARTY STATING THAT : 13 
 
 (I) THERE IS A RESTORATIVE JUSTICE PROGRAM AVAILABLE ; 14 
 
 (II) PARTICIPATION IN THE PROGRAM HAS BEEN REQU ESTED 15 
BY THE REQUESTING PARTY ;  16 
 
 (III) PARTICIPATION IN THE PROGRAM IS VOLUNTARY AND 17 
CONFIDENTIAL AND MAY NOT BE MANDATED BY A NY COURT OR AGENCY ; AND 18 
 
 (IV) A PARTY MAY NOT BE C OERCED INTO PARTICIP ATING IN 19 
THE PROGRAM AND WILL NOT 	FACE ANY PUNITIVE AC	TION FOR 20 
NONPARTICIPATION .  21 
 
 (4) IF A PARTY DECLINES P ARTICIPATION IN THE PROGRAM, THE 22 
REQUESTING PARTY MAY BE PLACED IN AN ALTE RNATIVE RESTORATIVE JUSTICE 23 
PROCESS DEVELOPED BY THE COUNCIL.  24 
 
 (5) IF BOTH PARTIES AGREE TO PARTICIPATE IN TH E PROGRAM, THE 25 
RESTORATIVE JUSTICE LEGAL SPECIALIST SHALL : 26 
 
 (I) ASSIGN A FACILITATOR OR FACILITATING ORGA NIZATION; 27 
AND  28 
 
 (II) CREATE A CONFIDENTIA L FILE IN MDEC CONTAINING THE 29   	SENATE BILL 27 	7 
 
 
NAMES OF THE ASSIGNE D FACILITATOR OR FAC ILITATING ORGANIZATI ON, THE 1 
VICTIM, AND THE OFFENDER .  2 
 
 (6) IN ACCORDANCE WITH TH E STANDARDS SET FORT H UNDER 3 
MARYLAND RULE 17–105, INFORMATION SHARED B Y A VICTIM OR AN OFF ENDER 4 
DURING PARTICIPATION IN THE PROGRAM IS PRIVILEGED, CONFIDENTIAL , AND 5 
INADMISSIBLE IN ANY JUDICIAL, ADMINISTRATIVE , OR OTHER PROCEEDING .  6 
 
 (7) AFTER PROPER EVALUATI ON, A FACILITATOR OR FAC ILITATING 7 
ORGANIZATION MAY DEC LINE A REQUEST FOR PROGRAM PARTICIPATION IF, IN THE 8 
FACILITATOR’S OR FACILITATING ORGANIZATION ’S DISCRETION, PARTICIPATION IN 9 
THE PROGRAM WOULD NOT BE APPROPRIATE .  10 
 
 (C) (1) WHEN APPROPRIATE , THE FACILITATOR OR F ACILITATING 11 
ORGANIZATION MAY BRI NG THE VICTIM AND TH E OFFENDER TOGETHER , WHILE 12 
ENSURING THE SAFETY OF THE VICTIM AND IN A MANNER CONSISTE NT WITH 13 
TRAUMA–INFORMED METHODOLOGI ES AND THE RESTORATI VE JUSTICE PURPOSE 14 
OF THIS SUBTITLE, IN AN ATTEMPT TO FAC ILITATE PROGRAM PARTICIPATION . 15 
 
 (2) THE FACILITATOR OR FA CILITATING ORGANIZAT ION SHALL: 16 
 
 (I) ACT IN COMPLIANCE WI TH THE GUIDELINES FOR 17 
FACILITATION AND TRA INING IN TRAUMA–INFORMED VICTIM –OFFENDER DIALOGUE 18 
SET BY THE COUNCIL;  19 
 
 (II) WHEN ENGAGED IN REST ORATIVE JUSTICE PROG RAMMING, 20 
INFORM THE VICTIM AN D THE OFFENDER THAT : 21 
 
 1. THE FACILITATOR REPR ESENTS NEITHER THE V ICTIM 22 
NOR THE OFFENDER ; 23 
 
 2. PARTICIPATION IN THE PROGRAM IS CONFIDENTI AL 24 
AND CANNOT BE USED I N ANY LEGAL OR ADJUD ICATIVE PROCESS , INCLUDING ANY 25 
LEGAL PROCEEDING , HEARING, OR OTHER ACTION ; 26 
 
 3. NO ATTORNEY –CLIENT RELATIONSHIP IS CREATED 27 
BETWEEN THE FAC ILITATOR AND EITHER PARTY AND THAT INFOR MATION GIVEN BY 28 
THE FACILITATOR IS N OT LEGAL ADVICE ; AND 29 
 
 4. EITHER PARTY MAY WIT HDRAW ITS PARTICIPATION IN 30 
THE PROCESS AT ANY T IME WITHOUT CONSEQUE NCE; AND 31 
 
 (III) SUBMIT REGULAR REPOR TS TO THE RESTORATIVE JUSTICE 32  8 	SENATE BILL 27  
 
 
LEGAL SPECIALIST AS REQUIRE D BY THE COUNCIL, WHICH MAY INCLUDE : 1 
 
 1. THE NUMBER , GENDER, RACE, AND AGE OF 2 
PARTICIPANTS; 3 
 
 2. WHETHER THE PROGRAM WAS SUCCESSFU LLY 4 
COMPLETED ; AND 5 
 
 3. ANY OTHER NONCONFIDE NTIAL INFORMATION . 6 
 
 (D) (1) ON REQUEST OF THE FAC	ILITATOR OR FACILITA TING 7 
ORGANIZATION , THE PROSECUTING ATTO RNEY, THE VICTIM SERVICES UNIT, 8 
COUNSEL FOR THE OFFE NDER, COUNSEL FOR THE VICT IM, AND THE COURT MAY 9 
PROVIDE THE FACILITA TOR OR FACILITATING ORGANIZATION WITH IN FORMATION 10 
THAT MAY BE HELPFUL TO FAC ILITATE THE PROCESS .  11 
 
 (2) ON REQUEST OF THE FAC	ILITATOR OR FACILITA TING 12 
ORGANIZATION , THE CLERK OF THE COU RT SHALL PROVIDE THE FACILITATOR OR 13 
FACILITATING ORGANIZ ATION ACCESS TO ALL MATERIALS IN A CASE FILE AT NO 14 
COST. 15 
 
 (3) THE FAC ILITATOR OR FACILITA TING ORGANIZATION MA Y 16 
REQUEST OTHER MATERI ALS TO FACILITATE TH E PROCESS. 17 
 
11–1204. 18 
 
 (A) THERE IS A POSITION O F RESTORATIVE JUSTICE LEGAL SPECIALIST 19 
WITHIN THE VICTIM SERVICES UNIT.  20 
 
 (B) THE DUTIES OF THE RESTORATIVE JUSTICE LEGAL SPECIALIST 21 
INCLUDE ENSURING THE COMPLIANCE OF THE PROGRAM WITH ALL APPL ICABLE 22 
LAWS, REGULATIONS , AND ESTABLISHED POLI CIES.  23 
 
 (C) THE RESTORATIVE JUSTICE LEGAL SPECIALIST SHALL HAVE 24 
KNOWLEDGE OF RESTORA TIVE JUSTICE PRACTIC ES.  25 
 
 (D) THE RESTORATIVE JUSTICE LEGAL SPECIALIST MAY FACILI TATE 26 
PARTNERSHIPS BETWEEN STATE AGENCIES AND RE STORATIVE JUSTICE 27 
ORGANIZATIONS IN ORD ER TO PROVIDE RESTOR ATIVE JUSTICE SERVIC ES.  28 
 
 (E) THE RESTORATIVE JUSTICE LEGAL SPECIALIST IS RESPONS IBLE FOR 29 
THE MANAGEMENT OF TH E PROGRAM WITHI N MDEC. 30 
   	SENATE BILL 27 	9 
 
 
11–1205. 1 
 
 (A) IN THIS SECTION , “FUND” MEANS THE RESTORATIVE JUSTICE 2 
PROGRAM REVOLVING FUND. 3 
 
 (B) THERE IS A RESTORATIVE JUSTICE PROGRAM REVOLVING FUND. 4 
 
 (C) THE PURPOSE OF THE FUND IS TO CARRY OUT THE PROVISIONS OF TH IS 5 
SUBTITLE. 6 
 
 (D) THE VICTIM SERVICES UNIT SHALL ADMINISTER THE FUND. 7 
 
 (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 8 
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 9 
 
 (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 10 
AND THE COMPTROLLER SHA LL ACCOUNT FOR THE FUND. 11 
 
 (F) THE FUND CONSISTS OF : 12 
 
 (1) REVENUE DISTRIBUTED TO THE FUND FROM RESTITUTION 13 
PAYMENTS BY AN OFFEN DER; 14 
 
 (2) FEDERAL FUNDS RECEIV ED BY THE STATE FOR THE PURPOSE S OF 15 
THIS SUBTITLE; AND 16 
 
 (3) ANY OTHER MONEY FROM ANY OTHER SO URCE ACCEPTED FOR 17 
THE BENEFIT OF THE FUND. 18 
 
 (G) THE FUND MAY BE USED ONLY FOR COSTS AND ADMINI STRATIVE 19 
EXPENSES ASSOCIATED WITH THE POSITION OF RESTORATIVE JUSTICE LEGAL 20 
SPECIALIST UNDER THIS SUBTITLE. 21 
 
 (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 22 
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 23 
 
 (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 24 
THE GENERAL FUND OF THE STATE. 25 
 
 (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 26 
WITH THE STATE BUDGET . 27 
 
 (J) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 28  10 	SENATE BILL 27  
 
 
AUDITS AS PROVIDED IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 1 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 2 
as follows:  3 
 
Article – Criminal Procedure 4 
 
11–1206. 5 
 
 (A) THERE IS A MARYLAND RESTORATIVE JUSTICE COUNCIL WITHIN THE 6 
GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES. 7 
 
 (B) THE COUNCIL CONSISTS OF T HE FOLLOWING MEMBERS : 8 
 
 (1) THE ATTORNEY GENERAL OF MARYLAND, OR THE ATTORNEY 9 
GENERAL’S DESIGNEE; 10 
 
 (2) THE SECRETARY OF PUBLIC SAFETY AND CORRECTIONAL 11 
SERVICES, OR THE SECRETARY’S DESIGNEE;  12 
 
 (3) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 13 
PRESIDENT OF THE SENATE;  14 
 
 (4) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 15 
SPEAKER OF THE HOUSE;  16 
 
 (5) THE FOLLOWING MEMBER S, APPOINTED BY THE GOVERNOR: 17 
 
 (I) FOUR REPRESENTATIVES OF RESTORATIVE JUSTI CE 18 
ADVOCACY ORGANIZATIO NS; 19 
 
 (II) ONE REPRESENTATIVE O F THE MARYLAND STATE’S 20 
ATTORNEYS’ ASSOCIATION;  21 
 
 (III) ONE MENTAL HEALTH PR ACTITIONER;  22 
 
 (IV) ONE VICTIM; AND 23 
 
 (V) ONE OFFENDER .  24 
 
 (C) (1) THE COUNCIL IS RESPONSIBL E FOR: 25 
 
 (I) DEVELOPING STANDARDS , POLICIES, AND PROCEDURES 26 
FOR THE PROGRAM; 27   	SENATE BILL 27 	11 
 
 
 
 (II) DEVELOPING , IN CONSULTATION WITH THE RESTORATIVE 1 
JUSTICE LEGAL SPECIALIST AND OTHER RELEVANT AUTHORITIES , RESTORATIVE 2 
JUSTICE STANDARDS , POLICIES, TRAINING REQUIREMENT S, AND CERTIFICATIONS 3 
FOR FACILITATORS , INCLUDING: 4 
 
 1. TRAINING IN CURRENT ETHICS STANDARDS ; AND 5 
 
 2. TRAINING IN TRAUMA –INFORMED V ICTIM–OFFENDER 6 
DIALOGUE; AND 7 
 
 (III) CREATING PROGRAM REP ORTING REQUIREMENTS . 8 
 
 (2) THE COUNCIL MAY CREATE AL TERNATIVE RESTORATIV E JUSTICE 9 
TRAINING TO INCLUDE DIRECTLY IMPACTED VI CTIM–OFFENDER DIALOGUE OR 10 
VICTIM RECONCILIATIO N PROGRAMMING WITH INDIRECT VICTIMS.  11 
 
 (D) ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 1 12 
THEREAFTER , THE COUNCIL, IN COORDINATION WITH THE RESTORATIVE JUSTICE 13 
LEGAL SPECIALIST, SHALL SUBMIT A REPOR T ON THE STATUS OF T HE PROGRAM TO 14 
THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 15 
ARTICLE, THE GENERAL ASSEMBLY.  16 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 17 
October 1, 2023. Section 2 of this Act shall remain effective for a period of 5 years and, at 18 
the end of September 30, 2028, Section 2 of this Act, with no further action required by the 19 
General Assembly, shall be abrogated and of no further force and effect. 20