SENATE, No. 3070

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED OCTOBER 22, 2020

 


 

Sponsored by:

Senator  LORETTA WEINBERG

District 37 (Bergen)

Senator  SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

 

Co-Sponsored by:

Senators Pou and Gill

 

 

 

 

SYNOPSIS

     Establishes “Sexual Violence Restorative Justice Pilot Program.”

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act establishing a “Sexual Violence Restorative Justice Pilot Program.”

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  The Attorney General shall establish a three-year “Sexual Violence Restorative Justice Pilot Program” to implement a restorative justice program for survivors of sexual violence.  The Attorney General shall implement this program by entering into an agreement with an organization to design the program and provide technical assistance and an agreement with a separate organization to conduct the program.  The Attorney General shall select the organizations, who are to have expertise in trauma informed care and not be associated with any law enforcement agency, through requests for proposals.  Both organizations shall be compensated.  

     b.    Through the direct participation of survivors of sexual violence, including survivors who have chosen not to report the act of sexual violence to law enforcement, the program shall implement restorative justice practices which include, but are not limited to, upholding the principles of survivor autonomy, restoring a sense of control and independence to survivors, and emphasizing outcomes that are essential to the survivor’s healing process. 

     The pilot program shall be established in one northern, one central, and one southern county in this State, as determined by the Attorney General.

     c.     The Attorney General, in conjunction with the organizations selected pursuant to subsection a. of this section, shall submit a report evaluating the effectiveness of the pilot program to the Governor and, pursuant to the provisions of section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature within 90 days of completion of the program.  The report shall evaluate the pilot program and recommend whether the pilot program should be continued, expanded, or made permanent.  

     d.    For the purposes of this section, “restorative justice” means an  approach to repairing the harm caused by a crime through direct involvement of those affected, including the victim, the victim’s family and friends, and the community, for the purpose of fulfilling the victim’s expectations for justice while also holding accountable the person who caused the harm, and which may be implemented through varying formats, such as sharing circles, victim impact panels, and facilitated conferences. 

 

     2.    This act shall take effect immediately and shall expire upon the filing of the report required pursuant to subsection c. of section 1 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

STATEMENT

 

     This bill requires the Attorney General to establish a three-year “Sexual Violence Restorative Justice Pilot Program” to implement a restorative justice program for survivors of sexual violence. 

     The Attorney General is to implement this program by entering into an agreement with an organization to design the program and provide technical assistance and an agreement with a separate organization to conduct the program.  Under the bill, the Attorney General is to select the organizations through requests for proposals.  The organizations are to have expertise in trauma informed care and are not to be associated with any law enforcement agency.  In addition, the bill requires that both organizations be compensated.

     Under the bill, through the direct participation of survivors of sexual violence, including survivors who have chosen not to report the act of sexual violence to law enforcement, the program is required to implement restorative justice practices which include, but are not limited to, upholding the principles of survivor autonomy, restoring a sense of control and independence to survivors, and emphasizing outcomes that are essential to the survivor’s healing process.  The pilot program is to be established in one northern, one central, and one southern county in this State, as determined by the Attorney General. 

     The bill defines “restorative justice” as an approach to repairing the harm caused by a crime through direct involvement of those affected, including the victim, the victim’s family and friends, and the community, for the purpose of fulfilling the victim’s expectations for justice while also holding accountable the person who caused the harm.  Restorative justice may be implemented through varying formats, such as sharing circles, victim impact panels, and facilitated conferences. 

     Finally, the bill requires the Attorney General, in conjunction with the organizations selected pursuant to the provisions of the bill, to submit a report evaluating the effectiveness of the pilot program to the Governor and the Legislature within 90 days of completion of the program.  The report is to evaluate the pilot program and recommend whether the pilot program should be continued, expanded, or made permanent.