Colorado Rights Blog

HB17-1039: Restorative Justice Communication Issues

Criminal Legal Reform
Bill Number: HB17-1039
Year: 2017
ACLU Position: Support
Sponsors: P. Lee / D. Kagan


The bill makes all communications during the restorative justice
process made by all participants in the process confidential unless:
• All participants in the process, including the restorative
justice program or restorative justice facilitator, consent in
writing to waive confidentiality of specific communications
for a stated purpose;
• An offender or other participant commits a chargeable
offense as part of a restorative justice or restorative practice
• A report is made by a statutory mandatory reporter of
behavior that threatens the safety of a child under 18 years
of age; or
• Disclosure of a communication is necessary and relevant to
an action alleging willful or wanton misconduct of a
restorative justice facilitator or organization.
The bill requires the restorative justice program or facilitator to
disclose those exceptions and any other applicable exceptions prior to
starting the process.
The bill requires the court, during the arraignment advisement, to
inform the defendant that if convicted the sentence may include
restorative justice practices. The bill allows the district attorney to include
restorative justice practices as part of a recommended sentence in a plea
bargain. The bill directs that the presentence report must include an
assessment of the defendant’s suitability for restorative justice practices.

Current Status:

Governor Signed (03/20/2017)
Sent to the Governor (03/16/2017)
Senate Third Reading Passed - No Amendments (03/09/2017)
Senate Second Reading Special Order - Passed - No Amendments (03/08/2017)
Introduced In Senate - Assigned to Judiciary (02/22/2017)
House Third Reading Passed - No Amendments (02/21/2017)
House Second Reading Passed with Amendments - Committee (02/17/2017)
House Committee on Judiciary Refer Amended to House Committee of the Whole (02/14/2017)
Introduced In House - Assigned to Judiciary (01/11/2017)

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