PRIOR PRINTER'S NO. 2312
PRINTER'S NO. 3433
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1849
Session of
2023
INTRODUCED BY RABB, D. WILLIAMS, HILL-EVANS, MADDEN, KINSEY,
KHAN, DALEY, WARREN, KRAJEWSKI, GREEN, CEPEDA-FREYTIZ,
SHUSTERMAN, MAYES AND KENYATTA, NOVEMBER 15, 2023
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 27, 2024
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, further
providing for sentencing generally and providing for
restorative justice. IN COMMENCEMENT OF PROCEEDINGS,
PROVIDING FOR RESTORATIVE JUSTICE.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9721(a) of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 9721. Sentencing generally.
(a) General rule.--In determining the sentence to be imposed
the court shall, except as provided in subsection (a.1),
consider and select one or more of the following alternatives,
and may impose them consecutively or concurrently:
* * *
(8) Restorative justice.
* * *
Section 2. Title 42 is amended by adding a section to read:
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§ 9726.1. Restorative justice.
(a) Restorative justice as exclusive sentence.--The court
may sentence a defendant to undergo restorative justice
exclusively if the court, after considering the nature and
circumstances of the crime committed by the defendant and the
history and character of the defendant, determines that
restorative justice alone is appropriate.
(b) Restorative justice as additional sentence.--The court
may sentence a defendant to undergo restorative justice in
addition to another sentence, involving total or partial
confinement or probation, if the court determines that
restorative justice is specially adapted to the deterrence of
the crime involved or the correction of the defendant.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Circle." A versatile restorative practice that can be used:
(1) proactively to develop relationships and build
community; or
(2) reactively to respond to wrongdoing, conflicts and
problems.
"Conference." A structured meeting among individuals who
have caused harm, individuals who have been harmed and the
family and friends of these individuals, in which they deal with
the consequences of a crime or wrongdoing and decide how best to
repair the harm.
"Facilitator." An individual who is trained to facilitate a
restorative justice practice.
"Party." As follows:
(1) An individual who voluntarily consents to
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participate in a restorative justice practice.
(2) The term includes a facilitator, an individual who
has caused harm, an individual who has been harmed, a
community stakeholder or any other participant in a
restorative justice practice.
"Restorative justice." A gathering, such as a conference or
circle, in which individuals who have caused harm, individuals
who have been harmed, community stakeholders and a facilitator
collectively gather to identify and repair the harm to the
extent possible, address trauma, reduce the likelihood of
further harm and strengthen community ties by focusing on the
needs and obligations of all parties involved through a
participatory process.
SECTION 1. CHAPTER 89 OF TITLE 42 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBCHAPTER TO READ:
SUBCHAPTER E
RESTORATIVE JUSTICE
SEC.
8961. DEFINITIONS.
8962. RESTORATIVE JUSTICE.
§ 8961. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"ACCOUNTABILITY." THE ACTIVE PROCESS THAT IS UNDERTAKEN BY
AN INDIVIDUAL WHO CAUSED HARM TO DEMONSTRATE REMORSE IN
PRACTICE.
"COMMUNITY CONFERENCE." A CONSENSUAL DISPUTE RESOLUTION
ORGANIZED TO ADDRESS NEGATIVE OUTCOMES RELATED TO A CRIMINAL ACT
PERPETRATED BY AN OFFENDER, TO PROVIDE CONSEQUENCES AND TO HEAL
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AND REPAIR HARM.
"CONSENSUAL DISPUTE RESOLUTION." A VOLUNTARY SETTLEMENT
PROCESS BY WHICH PARTIES ADDRESS DISPUTES THROUGH RESTORATIVE
JUSTICE, AVOIDING RESOLUTION THROUGH THE CRIMINAL JUSTICE
SYSTEM.
"FACILITATOR." A PRACTITIONER OF RESTORATIVE JUSTICE WHO
ENTERS INTO THE RESTORATIVE JUSTICE PROCESS UNDER SECTION 8962
(C) (RELATING TO RESTORATIVE JUSTICE).
"RESTORATIVE JUSTICE." PROGRAMS WHICH EMPHASIZE REPAIRING
THE HARM DONE TO INDIVIDUALS AND THE COMMUNITY AT LARGE BY THE
CRIMINAL ACT OR ACTS OF AN OFFENDER. RESTORATIVE JUSTICE
INCLUDES, BUT IS NOT LIMITED TO :
(1) COMMUNITY CONFERENCES;
(2) CONFLICT RESOLUTION;
(3) COUNSELING;
(4) COMMUNITY SERVICE;
(5) VICTIM-OFFENDER CONFERENCES;
(6) VICTIM-OFFENDER MEDIATION;
(7) FAMILY OR GROUP DECISION-MAKING CONFERENCES; AND
(8) VICTIM IMPACT PANELS .
§ 8962. RESTORATIVE JUSTICE.
(A) FINDINGS.--THE GENERAL ASSEMBLY FINDS AND DECLARES AS
FOLLOWS:
(1) RESTORATIVE JUSTICE IS AN EFFECTIVE ALTERNATIVE TO
SENTENCING INDIVIDUALS WHO HAVE COMMITTED A CRIME BY
PROVIDING AN OPPORTUNITY FOR THE OFFENDER TO ACCEPT
RESPONSIBILITY FOR THE HARM CAUSED AND TO ENGAGE WITH VICTIMS
AND THE COMMUNITY TO REPAIR THE HARM TO THE DEGREE POSSIBLE.
(2) RESTORATIVE JUSTICE HAS BEEN SHOWN TO PREVENT
FURTHER CRIMINAL ACTIVITY BY OFFENDERS.
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(3) IT IS THE POLICY OF THIS COMMONWEALTH THAT
RESTORATIVE JUSTICE BE USED WHENEVER POSSIBLE TO:
(I) RESOLVE CONFLICTS AND DISPUTES BY MEANS OF A
NONADVERSARIAL COMMUNITY PROCESS;
(II) ENSURE THAT OFFENDERS ARE HELD ACCOUNTABLE
OUTSIDE OF THE CRIMINAL JUSTICE SYSTEM; AND
(III) ENCOURAGE THE HEALING OF ALL PARTIES AFFECTED
BY CRIME.
(B) RESTORATIVE JUSTICE AS PRETRIAL DIVERSION.--
NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY AND SUBJECT
TO SUBSECTION (C), EACH DISTRICT ATTORNEY MAY USE RESTORATIVE
JUSTICE AS A PRETRIAL DIVERSION FOR ANY OFFENSE, EXCEPT OFFENSES
UNDER 18 PA.C.S. CH. 25 (RELATING TO CRIMINAL HOMICIDE).
(C) CONSENT BY ALL PARTIES.--RESTORATIVE JUSTICE MAY ONLY BE
USED AS A PRETRIAL DIVERSION IF THE DISTRICT ATTORNEY, OFFENDER
AND VICTIM OF THE OFFENDER EACH AGREE TO ENTER INTO THE
RESTORATIVE JUSTICE PROCESS WITH A FACILITATOR.
(D) RESTORATIVE JUSTICE PROCESS.--THE RESTORATIVE JUSTICE
PROCESS CONSENTED TO UNDER SUBSECTION (C) SHALL INCLUDE A PLAN
TO REPAIR THE HARM WHICH IS AGREED TO BY ALL PARTIES AND A TIME
LIMIT FOR COMPLETION OF THE PLAN.
(E) CONFIDENTIALITY.--THE FOLLOWING APPLY:
(1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), ALL
MEMORANDA, WORK NOTES OR PRODUCTS, CASE FILES OR PROGRAMS,
DATA AND COMMUNICATIONS RELATED TO THE RESTORATIVE JUSTICE
PROCESS ARE CONFIDENTIAL AND SHALL NOT BE SUBJECT TO
DISCLOSURE IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING
UNLESS ALL PARTIES TO THE COMMUNICATION WAIVE THE PRIVILEGE.
(2) CONFIDENTIALITY UNDER PARAGRAPH (1) SHALL NOT APPLY:
(I) IF AN OFFENDER COMMITS A CHARGEABLE OFFENSE
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DURING THE RESTORATIVE JUSTICE PROCESS.
(II) TO ANY COMMUNICATION RELATED TO THE MANDATORY
REPORTING OF CHILD ABUSE OR NEGLECT.
Section 3 2. This act shall take effect in 60 days.
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